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Message from Pres. Vest - Shin case

daemon@ATHENA.MIT.EDU (Aimee L Smith)
Mon Feb 4 19:37:27 2002

Message-Id: <200202050037.TAA11463@gold.mit.edu>
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Date: Mon, 04 Feb 2002 19:37:20 -0500
From: Aimee L Smith <alsmith@MIT.EDU>

FYI - letter from Vest about Shin case attached below.

While we also regret the litigious nature of our society, we
wonder what other means to demand accountability and positive
change exist?  We are sad to say that too often the only thing
that spurs the MIT administration to positive action for the
health and well being of its students or non-faculty staff members
is legal and/or media pressure (-- actually, even tenured Professors
have seen this, as Prof. Postol can attest to.)

While we know very little about the details of this case, we were
extremely troubled by the MIT lawyer's statement that seems to
imply that if Shin had emotional problems before coming to MIT, 
than MIT has no responsibility for what happened to her while she
was here.  This sounds like the excuse an alleged stalker gave one
of us after his alleged victim killed herself as a blanket proof
for his non-responsibility -- something along the lines of he had
nothing to do with it since she had told him she had been depressed
before she even met him.  We don't buy this all-too-convenient logic
from him and we don't buy it from MIT.  While it may be impossible
to determine exactly what causes someone to choose to end their life,
we find it equally difficult to be sure that any one thing was *not*
the dominant trigger.  We feel it would be nice to see a little
humility and willingness to take responsibility in our society, but,
whether the chicken or the egg, we suppose this is part of the litigious
nature of our society.  Personally, we don't pretend to know what the
outcome of such a lawsuit should be, we only know that too
many students get lost along the way and until MIT starts suffering
consequences for this sad state of affairs, it is not likely that MIT
will look seriously at addressing the root causes of the problem -- too
busy developing Cambridge with office and lab-space and courting trans-
national corporations such as Nestle that think nothing of starving
thousands of infants to death each day.  We all need to have clear
priorities, it seems...

On one final note, there was a mental health task force (no doubt
created in large part in response to globe attention of the issue.)  
And despite the short comings of such a task force and the complexity
of the problem, one tangible result is that MIT decided to comply
with the parity law that requires insurance providers to insure
equally for physical and mental health.  The medical records of
foreign students are still subject to scrutiny by the INS, so be
aware of that, but it is great to know that students who seek therapy
and are referred off campus get full reimbursement in most all
cases now.  Staff insured through MIT as well.  Also, the task
force came out with a statement recognizing that MIT's mental health
services were not adequate to meet to student needs.
http://web.mit.edu/chancellor/mhtf/#description

And remember, good things come to those who struggle!

In hope,
		Aimee Smith & Brice Smith (no relation)

- ------- Forwarded Message

Date: Mon, 4 Feb 2002 15:44:56 -0500
From: "President's Office" <pres_off@MIT.EDU>
Subject: Message from the President
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Dear Colleagues:

The following is a letter to the community regarding the Elizabeth 
Shin case.  I hope that you will take a moment to read it.  I've also 
sent this message to the leaders of the Undergraduate Association, 
the Graduate Student Council, the Dormitory Council, and the 
Interfraternity Council.

				--Chuck

=====================================================================


February 4, 2002



To Members of the MIT Community:

	As you probably know, the parents of Elizabeth Shin have 
filed a wrongful death civil suit against MIT for their daughter's 
death in April 2000 in an MIT residence hall.  The suit alleges that 
Ms. Shin committed suicide by setting herself on fire and charges 
breach of contract, medical malpractice, and negligence on the part 
of MIT doctors, staff, and members of our Campus Police.

	It is a sad fact that in today's litigious society, the very 
individuals who do the most to help our students can find themselves 
the targets of such claims.  We grieve for Elizabeth Shin and try to 
understand the depth of her family's anguish, but we will defend 
those at MIT who labored hard and appropriately to help her.  We are 
extraordinarily grateful to them, and the Institute will of course 
provide them with legal services and our support during the 
litigation.

	A number of people have asked us why MIT has not discussed 
the case more fully in public. There is obviously much more to the 
story than what the lawyer and the public relations firm hired by the 
family are saying in court papers and in statements to newspapers and 
television.  The place for MIT to respond to these unfair and 
inaccurate allegations is in court, and not in the media.  More 
complete facts will come out as the legal process continues.

	That process will allow us to explain the critical need for 
confidentiality and trust between our students and the MIT staff 
members who care for them, whether in the Medical Department, the 
Dean's Office, or the residential houses.  The quandary that they 
face is balancing students' legal and medical privacy rights with the 
obvious interests of parents in knowing how their sons and daughters 
are doing.  This quandary is worked through on a case-by-case basis 
by professional judgment of how best to help each student.  Such 
judgments are especially complicated when students insist that 
information be withheld from their parents as a condition for 
accepting help.  We strongly encourage our students to involve their 
parents in their lives, and in almost all cases that is what happens.

	For now, our response to the media has been a statement 
issued by Jeffrey Swope of the law firm of Palmer & Dodge, which most 
press reports have included:

The death of Elizabeth Shin was a tragedy - for this bright young 
woman, her family and friends, and all those at MIT who tried to help 
her.  But it was not the fault of MIT or anyone who works at MIT. 
According to information provided by the family's own lawyer, she had 
suffered from serious emotional problems that began at least as early 
as high school.

Many people at MIT had offered as much help and support as they could 
to her.  While MIT regrets the need to do so, it will defend against 
the claims that have been brought against it and the members of its 
community who had tried to help her.

	In the meantime, I hope you will support those in our 
community who have been touched most closely by this matter and that 
you will continue to care for all those with whom you work, study, 
and live here at MIT.

				--Chuck Vest

------- End of Forwarded Message




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