From In Loco Parentis to Consumerism: A Legal Analysis of the Contractual Relationship Between Institution and Student

Abstract

As a result of the combined influences of historical events, judicial interpretations, and governmental regulation, the relationship between institutions of higher learning and their students has shifted from the theoretical perspective of in loco parentis, in which the university wielded strict control over the lives of students, to a consumer orientation. This contemporary characterization of student-asconsumer was precipitated by the application of the lens of contract theory by the judiciary in scrutiny of the foundation of the institution-student relationship. This article addresses the evolution of the student-as-consumer philosophy through a review of the literature and analyzes the contemporary contractual relationship between colleges and students through examination of federal and state case law. The analysis and synthesis of 130 reported cases indicated that the contract theory applicable to higher education has undergone an evolutionary process through which it has become firmly ensconced as a viable legal descriptor of the relationship between institutions of higher learning and students. Guidelines for administrative practice suggesting methods for avoidance of institutional and professional liability were extrapolated from the analysis.

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