Week 1The Relationship Between Students and Post-Secondary Institutions and

In Loco Parentis

Legal Issues in Higher Education: The Students

LS517

In Loco Parentis - Definition

A college or university stands in the place of parents to reproduce morals and manners (Sarabyn,

2008)

College-Student RelationshipPrior to 1971

“ Since the college acted in loco parentis, it could exercise virtually uncheck authority over students’ lives” (Olivas, 2006, p. 595).

The Twenty-Sixth Amendment1971

This amendment gave eighteen-year olds the right

to vote.

The Twenty-Sixth Amendment(reasoning)

1971 was the Vietnam Era“The nation could no longer ignore

the fact that it was, on the one hand, requiring young people to risk and sacrifice their lives for the nation, and on the other, denying them basic political rights” (Sarabyn, 2008, p.52).

The Twenty-Sixth Amendment continued

According to Sarabyn (2008) and White (2007), until this

constitutional amendment passed, college students were still viewed

as children and as such: the university functioned in loco

parentis.

The Twenty-Sixth Amendment

continued

Sarabyn (2008) contended that this amendment ended the paternal

relationship of the college administration and the student.

College age students became full citizens.

Looking to Week 2

Next week, the relationship between Student and institution under Tort and Contract theories

will be covered.

Reference ListsSarabyn, K. (2008). The Twenty-Sixth Amendment: Resolving the

federal circuit splitover college students’ First Amendment rights. Texas Journal on Civil Liberties & Civil Rights. 14(1), 27-93.

White, B. (2007). Student rights: From in loco parentis to sine parentibus and back again? Understanding the family Educational Rights and Privacy Act in higher education. Brigham Young University Education & Law Journal. 322.

Olivas, M. A. (2006). The Law and Higher Education. Durham, NC: Carolina Academic Press.