Legal Question in Criminal Law in Pennsylvania

Re: Concerning College Resident Life

You raise some very interesting issues, none of which are criminal law issues, by the way. Your questions go to civil liability. The answer will be different depending on whether the school is a public or private entity.

Let me assume for a moment that we're talking about a private institution. My opinion is that the school does not need to make an initial disclosure about a student's mental illness. Indeed, to do so walks a fine line with laws preventing the disclosure of personal medical information. If the mental illness was sufficiently pervasive to, in and of itself, give the school notice that the student was dangerous, then arguably the roommate would have been on the same constructive notice.

As to the second issue - whether there would be liability for waiting six weeks to remove a dangerous person, I think there is a good chance a lawsuit would succeed.

Finally, if the school knowingly placed a dangerous person in a room with another student, then I believe there is absolute liability.

The central issue is whether the school was negligent. Did the school violate a duty of care to another and did that violation cause damage? In example number three, I think the answer is clearly yes. The school was at fault and should be on the hook for medical payments and consequential damages.