Discussion 8 Name Professor’s Name Course Title Date Running Head: DISCUSSION 8 1 DISCUSSION 8 3 Discussion 8 In loco parentis refers to a legal relationship where a temporary caretaker of a child takes on some or all the responsibilities of a parent. The relationship applies to government and non-government institutions, especially concerning minors. The court deemed American universities to be acting in loco parentis regarding their students until the 1960s. This meant that universities could regulate the personal lives of students including their movement and take disciplinary actions against students without considering the right to due process (Kaplin & Lee, 2014). However, the university-student relationship started to change, starting the 1960s. This led to the demise of in loco parentis and universities could no longer regulate the lives of students with considering their constitutional rights. Students started to protest and advocate for more civil rights that give them freedom from the universities' control. However, the relationship between universities and students is gradually shifting to in loco parentis in this era. Universities are adopting the facilitator model that focuses on balancing university and college law and responsibilities (Kaplin & Lee, 2014). The model allows the university to facilitate the development of students by providing rules for decision-making. It also allows them to make their own choices with institutional and individual settings. Also, the universities respect the due process rights of students when disciplining them. The facilitator model changed the responsibilities of universities to students during the middle of the twentieth century. Institutions were collaborating with students and other partners to create a safe environment for students. Also, they created opportunities for students to learn through active reflection and participation. In the 21st century, higher education plays a critical role in human capital development and innovation (Kaplin & Lee, 2014). Higher education plays a role in the success and sustainability of the knowledge economy. Jobs in the 21st century require workers to have skills like critical thinking, problem-solving, and teamwork. Therefore, institutions work towards instilling these skills on students.  References Kaplin, W. A., & Lee, B. A. (2011). The law of higher education: Student Version (5th Ed). John Wiley & Sons. Jamal Discussion: When thinking of the term “loco parentis” in higher education its seen as an obligation for institutions to act in the best interest of enrolled students. Now to achieve this, schools must conduct themselves as parental figures. By definition the Latin terminology means “in ...

1. Discussion 8
Name
Professor’s Name
Course Title
Date
Running Head: DISCUSSION 8
1
DISCUSSION 8
3
Discussion 8
In loco parentis refers to a legal relationship where a temporary
caretaker of a child takes on some or all the responsibilities of a
parent. The relationship applies to government and non-
government institutions, especially concerning minors. The
court deemed American universities to be acting in loco parentis
regarding their students until the 1960s. This meant that
universities could regulate the personal lives of students
including their movement and take disciplinary actions against

2. students without considering the right to due process (Kaplin &
Lee, 2014). However, the university-student relationship started
to change, starting the 1960s. This led to the demise of in loco
parentis and universities could no longer regulate the lives of
students with considering their constitutional rights. Students
started to protest and advocate for more civil rights that give
them freedom from the universities' control. However, the
relationship between universities and students is gradually
shifting to in loco parentis in this era. Universities are adopting
the facilitator model that focuses on balancing university and
college law and responsibilities (Kaplin & Lee, 2014). The
model allows the university to facilitate the development of
students by providing rules for decision-making. It also allows
them to make their own choices with institutional and individual
settings. Also, the universities respect the due process rights of
students when disciplining them.
The facilitator model changed the responsibilities of
universities to students during the middle of the twentieth
century. Institutions were collaborating with students and other
partners to create a safe environment for students. Also, they
created opportunities for students to learn through active
reflection and participation. In the 21st century, higher
education plays a critical role in human capital development and
innovation (Kaplin & Lee, 2014). Higher education plays a role
in the success and sustainability of the knowledge economy.
Jobs in the 21st century require workers to have skills like
critical thinking, problem-solving, and teamwork. Therefore,
institutions work towards instilling these skills on students.

3. References
Kaplin, W. A., & Lee, B. A. (2011). The law of higher
education: Student Version (5th Ed). John Wiley & Sons.
Jamal Discussion:
When thinking of the term “loco parentis” in higher education
its seen as an obligation for institutions to act in the best
interest of enrolled students. Now to achieve this, schools must
conduct themselves as parental figures. By definition the Latin
terminology means “instead of parent”. Institutions have a huge
influence on what goes on in student’s collegiate journey. For a
while this concept has died off until recently. Certain liabilities
to institutions calls for a return to “loco parentis”. Institutions
want to get more involved with their students.
Institutional responsibility begins once students are in
the company of educators. When parents send their students to
institutions they are no longer physically in control. The
responsibility of the student is not relinquished from the parent,
there is some shared responsibility. Parents, teachers, and
school administrators share responsibilities. Some of these
responsibilities are still reserved for parents and institutions
take on those of which they can. “Whereas courts in the early

4. and mid-twentieth century applied the doctrine of in loco
parentis to shield colleges and universities from liability in tort
claims brought by students “adults” in the eyes of the law”
(Kaplin &Lee, 2014, pg.102) The idea has lasted more so liberal
arts colleges then many of the larger institutions.
The question at hand for me is what privileges and
responsibilities have institutions invested in “loco parentis”,
that doesn’t normally fall on parents? Institutions normally
don’t assume moral responsibility for students, especially on the
part of the institution. Today the doctrine doesn’t seem to apply
to college students like before. Today with such court cases, it’s
interesting to see what legal relationships between institutions
and students will look like, and what new doctrine will take its
place.
References:
Kaplin, W. A., & Lee, B. A. (2014). The law of higher
education (5th ed.). Indianapolis, IN: John Wiley and Sons.
Ayana Discussion:
Loco Parentis is a Latin term which means “in the place of
parents” (Cambridge, 2019).". This term implies the duty that
an organization or an institute must legally take on in place of a
parent. The book by Kaplin and Lee on higher education law,
explains how some of the laws affect colleges and universities.
Previously not many people were able to obtain higher
education due to lack of awareness of its benefits and today
while most of the people are attaining higher education, the rest
are unable to due to lack of money and competition. Let's focus
on our agenda here, what are the responsibilities of an institute
giving higher education towards its students. The greatest
responsibility of an institute is to be able to identify where a
student lacks academically and be able to bridge the gaps of a
student. The responsibility of the institutes has changed

5. tremendously over time. Nowadays the institute has to consider
a student's mental health. An institute should be able to cater to
the emotional needs of a student just like a parent as the student
is working not only for himself but for the institute as well as
the state. In the past, the institutes didn't take action against any
discrimination or violation against any student while today
strict on-campus policies are regulating. Such policies make the
students feel safer and eased as anything done to harm them in
any way or any unjust act is reviewed by the institute and action
is taken immediately. Previously many unethical researches
have been done using human subjects that have not been
criticized but today an institute is required to fill legal forms to
conduct any research that is sensitive, this way cruel behavior is
not continued just to pursue a research. Times sure have
changed and with it has the responsibility of institutes, but all
for better!
References
Kaplin, W. A., & Lee, B. A. (2011). The law of higher
education. John Wiley & Sons.
Stamatakos, T. C. (1989). The doctrine of in loco parentis, tort
liability and the student-college relationship. Ind. LJ, 65, 471.