Regents of the Univ. of Cal. v. Superior Court of L. A. Cnty., S230568
| Decision Date | 22 March 2018 |
| Docket Number | S230568 |
| Court | California Supreme Court |
| Parties | The REGENTS OF the UNIVERSITY OF CALIFORNIA et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Katherine Rosen, Real Party in Interest. |
4 Cal.5th 607
413 P.3d 656
230 Cal.Rptr.3d 415
The REGENTS OF the UNIVERSITY OF CALIFORNIA et al., Petitioners,
v.
The SUPERIOR COURT of Los Angeles County, Respondent;
Katherine Rosen, Real Party in Interest.
S230568
Supreme Court of California
Filed March 22, 2018
Maranga Morgenstern, Kenneth A. Maranga, Woodland Hills, Paul A. Elkhort, Morgan A. Metzger, Dennis Newitt, Woodland Hills; Greines, Martin, Stein & Richland, Timothy T. Coates, Feris M. Greenberger, Los Angeles; Charles F. Robinson, Karen J. Petrulakis, Norman J. Hamill, Oakland, L. Amy Blum, Los Angeles, and Kevin S. Reed for Petitioners.
Law Offices of Daniel H. Willick and Daniel H. Willick, Los Angeles, for California Psychiatric Association, American Psychiatric Association and California Association of Marriage and Family Therapists as Amici Curiae on behalf of Petitioners.
William C. Hsu for Board of Trustees of the California State University as Amici Curiae on behalf of Petitioners.
Cole Pedroza, Curtis A. Cole and Cassidy C. Davenport, San Marino, for California Medical Association, California Dental Association and California Hospital Association as Amici Curiae on behalf of Petitioners.
Reed Smith, Paul D. Fogel and Dennis Peter Maio, San Francisco, for The California Community Colleges, California Institute of Technology, California State University, Chapman University, Claremont McKenna College, Pepperdine University, Pitzer College, Pomona College, Stanford University and The University of Southern California as Amici Curiae on behalf of Petitioners.
Munger, Tolles & Olson, Brad S. Phillips and Grant Davis-Denny, Los Angeles, for JED Foundation, American College Counseling Association and NASPA: Student Affairs Administrators in Higher Education as Amici Curiae on behalf of Petitioners.
No appearance for Respondent.
Alan Charles Dell'Ario, Napa; Panish, Shea & Boyle, Brian Panish and Deborah S. Chang, Los Angeles, for Real Party in Interest.
The Arkin Law Firm and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Real Party in Interest.
CORRIGAN, J.
After he enrolled in the University of California at Los Angeles (UCLA), Damon Thompson experienced auditory hallucinations. He believed other students in the classroom and dormitory were criticizing him. School administrators eventually learned of Thompson's delusions and attempted to provide mental health treatment. However, one morning Thompson stabbed fellow student Katherine Rosen during a chemistry lab. Rosen sued the university and several of its employees for negligence, arguing they failed to protect her from Thompson's foreseeable violent conduct.
This case involves whether, and under what circumstances, a college or university1 owes a duty of care to protect students like
Rosen from harm. Considering the unique features of the collegiate environment, we hold that universities have a special relationship with their students and a duty to protect them from foreseeable violence during curricular activities. Because the Court of Appeal reached a different conclusion, we reverse its decision and remand for further proceedings.
I. BACKGROUND
A. Thompson's Behavior Preceding the Assault
Damon Thompson transferred to UCLA in the fall of 2008. He soon began experiencing problems with other students in both classroom and residence hall settings.
At the end of fall quarter, Thompson emailed his history professor that he was "angered" by "offensive" remarks from other students during the final examination and "outrage[d]" because their comments had affected his performance.
Thompson also complained he had heard the professor calling
him " ‘troubled’ and ‘crazy’ among other things." When the professor forwarded Thompson's messages to his department chair, he was advised to calm Thompson and encourage him to visit the school's counseling services if he appeared "genuinely paranoid or a potential threat."
Thompson next complained about mistreatment by fellow dormitory residents. In a three-page letter to the Dean of Students, Thompson alleged a female resident had repeatedly made "unwelcomed verbal sexual advances" toward him, and others had spread rumors and "accusations of a sexual nature about [him] ... throughout the entire student body." He claimed the residents frequently disrupted his sleep, called him " ‘stupid,’ " and eavesdropped on his phone calls. Not only had he been "made the ‘target’ " of the residents' "teasing," but he also "receive[d] an immense amount of unwanted attention" around campus. Thompson warned that if the university failed to discipline the responsible parties, the matter would likely "escalate into a more serious situation," and he would "end up acting in a manner that will incur undesirable consequences." A week later, the school moved Thompson to a new dormitory.
In late January 2009, Thompson complained to three professors and teaching assistant Jenny Hernandez that students had been trying to distract him with offensive comments. Hernandez told her supervising professor she had never observed this behavior but Thompson himself acted oddly, frequently talking to himself. She believed he was displaying signs of schizophrenia and should be referred to the university's Counseling and Psychological Services (CAPS). Hernandez and the professor met with Thompson and urged him to use these services, but Thompson denied " ‘hearing things' " or " ‘making this up.’ " Another professor forwarded Thompson's complaints to Assistant Dean of Students Cary Porter, who contacted the university's "Consultation and Response Team" (Response Team). The Response Team advises campus members who have concerns about the well-being of particular students. Dean Porter also met with Thompson and encouraged him to seek medical help at CAPS.
Thompson's dormitory problems escalated in February. He told resident director Janelle Rahyns there were "voices coming through the walls calling him an idiot." He heard a clicking noise above his room that sounded like a gun, and he believed the other residents were planning to shoot him. Thompson told Rahyns he had telephoned his father and was advised to "hurt the other residents." While admitting he had "thought about it," Thompson said he decided not to hurt anyone. Campus police arrived and searched the premises but found no weapon. They concluded Thompson needed a psychiatric evaluation and escorted him to the emergency room for that purpose. During the examination, Thompson reported a history of depression and
complained of auditory hallucinations and paranoid thinking. For several months, he had heard people talking about him and insulting him, even when " ‘there's no one there.’ " He denied suicidal or homicidal thinking. The examiner diagnosed Thompson with possible schizophrenia and major depressive disorder. Thompson agreed to take a low-dose antipsychotic medication
and begin outpatient treatment at CAPS. Dean Porter and the Response Team were informed about the incident and Thompson's mental evaluation. The Response Team began discussing Thompson at its weekly meetings.
In March 2009, Thompson began sessions with CAPS psychologist Nicole
Green. Although he denied wanting to hurt himself or others, he continued to report auditory hallucinations and paranoid thoughts. He had thrown away the prescribed antipsychotic medication. Green diagnosed schizophrenia and urged Thompson to see a CAPS psychiatrist. Thompson refused to consider medication until he could determine whether the voices were real. He expressed frustration that nobody believed him and said he would try to record the voices. Around this time, Rahyns notified CAPS that Thompson was "still having trouble" in the dormitory. The Response Team decided to move him to a single room and explore possibilities for transitioning him into different housing.
Later in March, Thompson told Green he was still hearing voices and being harassed by other students. He was now amenable to psychiatric evaluation. Later that day, at a session with CAPS psychiatrist Charles McDaniel, Thompson admitted thinking about harming others, although he had no identified victim or plan. He heard numerous distinct voices in his dormitory and classrooms. He wanted to harm the people insulting him but could not attribute the voices to specific individuals. McDaniel strongly urged Thompson to submit to voluntary hospitalization. He refused but agreed to take medication. While CAPS staff agreed Thompson did not meet the criteria for an involuntary hold, McDaniel recommended involuntary hospitalization if his thoughts of harming others worsened. Thompson attended additional CAPS sessions in April and continued to report auditory hallucinations. Although angered by this perceived harassment, Thompson said he did not intend to harm his tormentors. He withdrew from treatment in late April.
On June 3, 2009, campus police responded to an incident at Thompson's dormitory. A resident reported that Thompson had knocked on his door, accused him of making too much noise, and pushed him. When the resident denied making noise, Thompson pushed him again, saying this was his " ‘last warning.’ " As a result of the incident, Thompson was expelled from university housing and ordered to return to CAPS at the beginning of fall quarter. After he moved to an apartment, Thompson twice called the police to complain neighbors were yelling at him through the floor.
Meanwhile, Thompson continued to experience auditory hallucinations in the classroom. During the summer, he complained to two faculty members about insults and harassment in his chemistry laboratory. After fall quarter started, Thompson emailed professor Alfred Bacher that the disruptive behavior of other students was interfering with his experiments. The next day, September 30, Thompson told CAPS psychologist Tanya Brown he still...
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