Where does responsibility of death lie?

For three years, the Plymouth community has been mourning the tragic and untimely death of junior student Kelly Nestor. Many people were left angry and confused over the whole situation surrounding her death. Was it Kelly’s fault for getting into the car? Was is her sororities fault for pressuring her? Is it the fault of the student body for making her feel the need to get involved in a potentially dangerous situation? Is it Plymouth State Universities fault for not using the correct authority to stop the situation from even happening in the first place? Since her death, interest in Greek life has declined. Many people questioned the worth of all such organizations without even considering how rare a death is. Many argued that hazing was at fault, while others believe that it was Kelly who acted out of her own free will. For her parents, the battle is nowhere near over. They are still fighting with the Grafton Superior Court to determine just who is at fault. Just a few weeks ago, Nestor’s parents sued the school on two counts. PSU filed to dismiss both these counts. Judge Burling denied these motions to dismiss both counts, which means they will go to court again sometime in late October or early November. One of the counts brought against PSU by Nestor’s parents stated that the University caused “negligent infliction of emotional distress” (or NIED) upon them. This means, essentially, that PSU should be responsible for the physical and emotional effect of her death. Undoubtedly, they have certainly suffered an extreme amount of stress, but is it the universities fault? Judge Burling rules that PSU cannot be held responsible because Nestor’s parents were in Rhode Island when the accident occurred. Past court decisions have determined that Nestor’s parents would have had to witness the accident first hand in order to sue over NIED. What could PSU have done to prevent such a thing from occurring? PSU had already stated how it felt about the sorority by refusing to officially acknowledge and support it. If PSU was to prevent these things from happening, they would need to strictly monitor the activities taking place off campus, in personal homes and rented apartments. Certainly, no student would appreciate such a tight leash. Nor is it right to diminish the rights of the many in order to potentially divert a dangerous situation, which the majority of people will never get into. As the courts fight over where to place the blame, it seems like an agreement will never be reached. Is the university ultimately responsible for the safety and well-being of the students, or is each student responsible for the safety and well-being of themselves?