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ERIC Number: ED042421
Record Type: Non-Journal
Publication Date: 1970-Jun
Pages: 34
Abstractor: N/A
Reference Count: N/A
The Concept of In Loco Parentis in Higher Education.
Harms, Herman Edward
Institutions of higher education have long stood in loco parentis to their students. This concept is now widely challenged. This paper examines the evolution of the concept and discusses 29 court cases, beginning with a case heard in a Maine court in 1847. The evidence indicates that the future of the concept is unpredictable. Procedural due process is becoming more popular, but the reasons are becoming more diverse; reasonableness itself is no longer sufficient cause, but due process has taken on other meanings -- e.g., "fair play,""arbitrary,""shock the conscience,""freedom of speech," etc. Recent evidence from court cases shows that, though there has been some turning away from the concept, a semantic change in definition may be evolving. There appears to be a recognition of the inherent right of educational institutions to control students. Sometimes this is termed the implied power to enforce reasonable regulations. The concept of in loco parentis seems to be enduring, and even with the provisions for due process, there is no strong indication that due process will be substituted entirely. (AF)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Florida Univ., Gainesville. Inst. of Higher Education.