"Gray Touch": Professional Issues in the Uncertain Zone Between "Good Touch" and "Bad Touch"
Date
2009
Journal Title
Journal ISSN
Volume Title
Publisher
The Marquette Elder’s Advisor Law Review.
Abstract
This article explores "good touch," "bad touch," and the
uncertain area of "gray touch" - touch intended to be good, or
not intended to be bad, that is nonetheless perceived by the
recipient as bad. First, the article examines the concept of "good
touch." Second, the article looks at the concept of "bad touch"
(touch that can and does cause problems for people in their
professional capacities) and examines the role of the law in
regulating touch, when and how the law becomes involved in
the issue of touch. This section highlights case law and labor
arbitration decisions to help understand what judges and
arbitrators say about "good touch" and "bad touch." Finally the
article introduces a new concept of "gray touch" (touch that may
be well intentioned, but is perceived as bad) and explores ways
for professionals to approach the often misunderstood and
troublesome issue of "touch" in American society's current
murky and litigious environment. Because the dependency
needs and relative vulnerability of both children and the elderly
put both groups at unique risk of being the victims of bad touch,
special attention will be paid to these two groups.
Description
item.page.type
Article
item.page.format
Keywords
prevention, touch, case law, review
Citation
Daly, J. L., Maza, M. S., & Daly, C. M. (2009). Gray Touch: Professional Issues in the Uncertain Zone between Good Touch and Bad Touch. The Marquette Elder’s Advisor Law Review, 11, 223.