The Duty to Protect: Blackstone 's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students

Date

2002

Journal Title

Journal ISSN

Volume Title

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

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.

DOI