ERIC Number: ED026010
Record Type: RIE
Publication Date: 1968
Reference Count: 0
The Student as Private Citizen.
McKay, Robert B.
Denver Law Journal, v45 n4 p558-570 1968
Although the ultimate objectives of much campus protest are unclear, students generally want to be free of paternalistic university supervision. But they seem to want both academic shelter against the outside community and freedom from control by the university. We must examine the extent to which the university should treat its students as private citizens of the larger community and as adults who have come as consumers of the educational product. Since higher education is not available to all, reasonable conditions may be imposed upon all members of the university community. In seeking to determine the extent to which students should be regarded as private citizens certain propositions are accepted: there is no rational distinction between public and private universities; in loco parentis is unjustifiable; the university must be viewed as an instrument of a complex modern world; discipline should be limited to misconduct that adversely affects the university's pursuit of educational purposes; academic freedom should be accorded students. Violations of law off campus should be handled by civil authorities. Violations of law on campus should be treated according to their seriousness and threat to identifiable university interests. The handling of protests and demonstrations put these principles to the test. In devising new accomodations and procedures, universities should be heedful of the legitimate interests of their students. (JS)
Descriptors: Academic Freedom, Activism, Discipline Policy, Higher Education, Laws, Legal Responsibility, Student Behavior, Student College Relationship
University of Denver College of Law, 200 West 14th Ave., Denver, Colo. 80204 ($2.50)
Publication Type: N/A
Education Level: N/A
Sponsor: American Council on Education, Washington, DC.; Danforth Foundation, St. Louis, MO.
Authoring Institution: Denver Univ., CO. Coll. of Law.
Note: Paper presented at conference on "Legal Aspects of Student-Institutional Relationships,: University of Denver College of Law, Denver, 1968.