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In Loco Parentis, Generationally in ...

Guard, Christine Ann,

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In Loco Parentis, Generationally in the Courts: From You Asked for You Got It to Helicopter Parents /

Record Type:	Electronic resources : Monograph/item
Title/Author:	In Loco Parentis, Generationally in the Courts: From You Asked for You Got It to Helicopter Parents // Christine Ann Guard.
Author:	Guard, Christine Ann,
Description:	1 electronic resource (308 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 86-11, Section: A.
Contained By:	Dissertations Abstracts International86-11A.
Subject:	Educational leadership. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31935509
ISBN:	9798314855621

In Loco Parentis, Generationally in the Courts: From You Asked for You Got It to Helicopter Parents /
Guard, Christine Ann,

In Loco Parentis, Generationally in the Courts: From You Asked for You Got It to Helicopter Parents /Christine Ann Guard. - 1 electronic resource (308 pages)

Source: Dissertations Abstracts International, Volume: 86-11, Section: A.

This study explored the dynamics of the legal relationship between a college and its students with respect to the duty of care it owes them. Because most college personnel are not lawyers trained in tort liability or risk management, their interactions, actions, and inaction pose a risk to the institution itself and to students whose lives may be altered as a result of their and the institution's decisions. This study was designed to answer questions related to the development of the in loco parentis doctrine in American higher education, determine the current status of the principle, and to understand what guidance could be gleaned for college administrators based on that principle's status.The study utilized doctrinal legal research as its methodology, pragmatism as its epistemology, and generational theory and interpretivism as its theoretical frameworks in screening 1560 total cases to locate 164 distinct cases relevant to the study. The 164 cases were reviewed and sorted by the generation of students involved. A theme was distilled from the cases of each generation. The study found that the in loco parentis doctrine was strictly applied during the Lost, G.I., and Silent Generations. However, once the Baby Boomer generation was granted the right to vote following the adoption of Amendment XXVI of the U.S. Constitution, the courts swiftly reversed course and abrogated the doctrine as it applied to college students. The abrogation of the doctrine was also applied strongly in Generation X. Nevertheless, the study found that the strictness with which the repudiation of the in loco parentis doctrine was applied to absolve colleges of liability has waned over the final two generations resulting in the courts looking for other ways to find liability on the part of the institution. As a result, colleges must remain apprised of legal liability trends, incorporate those changes into regular risk assessments, engage in anticipatory planning, seek legal advice, and consider the maturity of the students they serve, not just their adult status. Additional research related to the specific duty of care owed to the student by the college is recommended following this study.

English

ISBN: 9798314855621Subjects--Topical Terms:

529436
Educational leadership.
Subjects--Index Terms:

Risk management

In Loco Parentis, Generationally in the Courts: From You Asked for You Got It to Helicopter Parents /
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520 $a This study explored the dynamics of the legal relationship between a college and its students with respect to the duty of care it owes them. Because most college personnel are not lawyers trained in tort liability or risk management, their interactions, actions, and inaction pose a risk to the institution itself and to students whose lives may be altered as a result of their and the institution's decisions. This study was designed to answer questions related to the development of the in loco parentis doctrine in American higher education, determine the current status of the principle, and to understand what guidance could be gleaned for college administrators based on that principle's status.The study utilized doctrinal legal research as its methodology, pragmatism as its epistemology, and generational theory and interpretivism as its theoretical frameworks in screening 1560 total cases to locate 164 distinct cases relevant to the study. The 164 cases were reviewed and sorted by the generation of students involved. A theme was distilled from the cases of each generation. The study found that the in loco parentis doctrine was strictly applied during the Lost, G.I., and Silent Generations. However, once the Baby Boomer generation was granted the right to vote following the adoption of Amendment XXVI of the U.S. Constitution, the courts swiftly reversed course and abrogated the doctrine as it applied to college students. The abrogation of the doctrine was also applied strongly in Generation X. Nevertheless, the study found that the strictness with which the repudiation of the in loco parentis doctrine was applied to absolve colleges of liability has waned over the final two generations resulting in the courts looking for other ways to find liability on the part of the institution. As a result, colleges must remain apprised of legal liability trends, incorporate those changes into regular risk assessments, engage in anticipatory planning, seek legal advice, and consider the maturity of the students they serve, not just their adult status. Additional research related to the specific duty of care owed to the student by the college is recommended following this study.
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