ERIC Number: ED039854
Record Type: RIE
Publication Date: 1970-Mar-3
Reference Count: 0
Due Process: Possible Dangers and Advantages of Extension of Use of Due Process and Off-Campus Legal Machinery.
Funk, Robert N.
Until recently, the name commonly given to the relationship between the college and its students was in loco parentis, a concept that today is completely outdated. Due process of law has replaced it and many feel that its advantages are great. There are many disadvantages, however. (1) The literal adoption of legal processes from "the outside world" may aggravate, rather than ease, the spirit of alienation and distemper on campus. (2) There is grave doubt that reliance on the courts and the police will prove effective in the long run--students are very inventive. (3) A literal translation of due process to academia may well mean an extraordinarily expensive and lengthy series of trials and appeals, with resulting overextension and exhaustion of resources. (4) The introduction of outside law enforcement could mean an abandonment of the campus' own code of conduct. The law is of limited use in interpersonal relationships, and, assuming that teaching and learning are still involved in such relationships, legal solutions to campus problems should be sought only when the life of the community is in great danger. (AF)
Publication Type: N/A
Education Level: N/A
Authoring Institution: American Association for Higher Education, Washington, DC.
Note: Paper presented at the 25th national conference of the American Association for Higher Education, Chicago, Illinois, March 3, 1970