ERIC Number: EJ1132352
Record Type: Journal
Publication Date: 2017
Reference Count: 12
The Evolution of "in loco parentis" Plus
Carlisle, Brian A.
Change: The Magazine of Higher Learning, v49 n1 p48-53 2017
"In loco parentis" refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent. Though "in loco parentis" as a legal standard has not actually returned to the law of higher education, societal and especially parental expectations for institutions to act like parents continue to grow. However, this new version of the old standard of "in loco parentis" is much worse than the original one. It does not insulate institutions, and it potentially creates new liability and a new standard of care; the author refers to it as "in loco parentis plus." This new expectation comes with high profile and potentially devastating legal consequences for colleges and universities. Courts now treat educational institutions very differently than they treat parents--potentially holding them to a much higher standard of care. Over the last decade or so, several cases raise questions of potentially new and evolving legal duties for colleges and universities.
Descriptors: Legal Responsibility, Higher Education, Expectation, Colleges, College Role, Court Litigation, Parent Role, Parent Attitudes, Suicide
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Authoring Institution: N/A
Identifiers - Location: Alabama; Massachusetts; California; New York