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Discussion 8

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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.