The Duty to Protect: Blackstone 's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students
Date
2002
Authors
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Journal ISSN
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Publisher
Brigham Young University Education and Law Journal
Abstract
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?
Description
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Article
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Keywords
educator sexual misconduct, child sexual abuse, schools, teachers, law, trust
Citation
DeMitchell, T. A. (2002). 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, 1, 17-52.