Evolution of the Doctrine of in Loco Parentis in Defining the Student-Institution Relationship in Higher Education in the 1980s And Early 1990s
Evolution of the Doctrine of in Loco Parentis in Defining the Student-Institution Relationship in Higher Education in the 1980s And Early 1990s
Hannum, Kristina I.
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Rptr. 842 (1984). 131 Szablewicz and Gibbs, "Colleges' Increasing Exposure," 461. 47 akin to in loco parentis adequately serves to resolve these cases." 132 Thus, in loco parentis was described by Szablewicz and Gibbs as a doctrine . . . under which the college has no right to control students' morals and character but retains a duty to protect students' physical well-being. It is this duty which is the key element. And, . . . this duty arises only when there is a true college- student relation...ship. 133 Szablewicz and Gibbs concluded that the courts unwillingness to completely define the student-institution relationship and fully articulate the "new in loco parentis " has been consistent with the emergence of a new common law doctrine. 134 Thomas argued that institutions have began to "pull back the reins" on students. 135 She cited numerous trends and events such as litigious societal trends, student conservatism, alcohol related incidents, drug abuse, racial, gender and religious intolerance, and increased incidents of campus crime while heeding a warning that institutions have been codifying rules and enacting policies that are characteristic of a new in loco parentis .
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