gitana1
Verified Attorney
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But why would they do that, at their own expense? He was no longer a student, correct? Not filling out the forms completely, despite their telling him he needed to, 'tied their hands'. He made no DIRECT threat YET. What where they suppose to do?
They can't call Mom and Dad. He was over 17. They can't call the police yet, because there has yet to be a direct threat. Even if he said to Fenton, "I am angry and I want others to pay." That is NOT a direct threat!
She thought he was a threat and did what she could. It is sad that the stop gaps we have now didn't alert others to the danger this man is/was. But it is no fault of those around him. IMO I think he was smart enough NOT to make DIRECT threats.
That is what it comes down to. Direct threats. As of yet, we haven't heard that he did that.
Yeah, it's silly. How can a school afford to hire PIs to follow weird students around after they drop out? And what are they to do with the info? I found that ludicrous.
Fenton called the BETA TEAM about JH . This lead me to understand that JH still a student at that time at UC because the BETA Team and Fenton should only be responsible for students at that University. BETA Team decided not to pursue JH because he is dropping out so where this go back? To Fenton , as a licensed psychiatrist, she has a duty to warn if JH is exhibiting some behavior that could result to an injury to others.
Okay, I understand. Yes, IF there was a direct threat and Fenton knew of the threat (or should have known of the threat) and did not alert the authorities, she would be liable.
A direct threat would be "I'm going to kill my girlfriend tomorrow. I've decided." Or, "I can't live with the voices anymore. They are telling me I need to destroy my enemies on campus as soon as possible."
It does not look like this is what happened. It looks instead like Fenton had concerns about this guy and wanted to assemble the BETA team to assess him. That is something that would be done in the absence of a direct threat because you would not need a team assessment if there was a direct threat. You would simply call the police and he would be placed on a 72 hour hold, at least, and be assessed at the hospital.
So since Fenton works for the school. and if Fenton knew of the direct threat and did nothing... who will be liable?
The psychiatrist treating the accused Colorado movie theater gunman was so concerned about his behavior that she mentioned it to her colleagues, saying he could potentially be a danger to others,
http://www.cnn.com/2012/08/01/justice/colorado-theater-shooting-psychiatrist/index.html
She would be. But the sentence right after your question shows she did do something and that it was very likely NOT as a result of a direct threat she heard. If it was, she's an idiot, because all she would need to do is call the police.
Again, I highly doubt a direct threat was made. The articles state she talked with her colleagues about this. Are we to believe that neither Fenton nor any one of the team of mental health professionals whose job was to assess risk, actually heard of a direct threat and reported it? Seems unlikely. Again, you don't need a team assessment if there has been a direct threat. You just call the cops.