Browsing by Author "DeMitchell, T. A."
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Item The Duty to Protect: Blackstone 's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students(Brigham Young University Education and Law Journal, 2002) DeMitchell, T. A.This paper will use Blackstone's doctrine of in loco parentis as a lens for viewing the sexual abuse of a student by an educator. It will attempt to show that the current theories of responsibility-respondent superior, special relationship, and Title IX-regarding the sexual abuse of students are inadequate. Blackstone's in loco parentis theory of responsibility may provide a more appropriate vehicle for the protection of children in school. If educators act in the place of parents, should they be held to a similar duty to protect the children entrusted to their care?