Sounding the Death Knell for In Loco Parentis

Abstract

The article examines the history of the regulation of student athletes playing intercollegiate athletics through the lens of the in loco parentis doctrine. It argues that the doctrine has been abandoned in the larger college and university context, but continues to survive in the intercollegiate arena. Part I investigates the role of the in loco parentis doctrine in early college and university life. Part II discusses the general demise of the doctrine in the 1960s and 1970s and the resulting expansion of freedoms that came to college and university students. Part III demonstrates how the doctrine is reflected in modern NCAA policy. Finally, Part IV argues for reduced judicial deference to educational institutions on matters related to student athlete welfare and the possibility of utilizing a nonprofit organization, or several, to protect student-athlete rights.