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When I saw that folk were posting responses to the list I thought I'd throw mu tuppenceworth in. Here's my response to the syrvey.

My response it is an emphatic NO.

Students (unless they are below the age of majority when a whole new set of arguments come into play) are rational adults (if they're not we shouldn't be admitting them to degrees that require them to take on substantial debt and to act as independent learners) and we should treat them like that.

I'd have thought that a university owes them exactly the same duty of care as any institution (public or private) would owe an adult member of the public using their services or facilities. For example:

As a visitor to a campus - same duty as a visitor to any private equivalent space
As a drinker in the Student Bar - same duty as that owed by the landlord of the local pub or club
As a participant in a lecture, seminar or tutorial - same duty as the organiser of a public meeting
As a resident in a student residence - same duty as a hotel manager/owner.

We are in grave danger of treating our adult students as though they were children and labelling theory suggests that if you do that, they will behave so as to fulfil the prediction. If whoever asked this question asked it seriously, we're in danger of completely removing the 'higher' from higher education. I hope they were doing it tongue in cheek and trying to get the sort of response I'm giving. I really hope that's the case!

Right, rant over.  :-)

Cheers

Alistair


Professor Alistair McCulloch
Head of Research Education - Learning & Teaching Unit
University of South Australia
Room P2-28, City East Campus - CEA-16
North Terrace
Adelaide, SA 5001
Australia

Phone: +61 (0)8 830 21150      Fax: +61 (0)8 830 22363
Email: [log in to unmask]<mailto:[log in to unmask]>
Web:  http://www.unisanet.unisa.edu.au/staff/homepage.asp?Name=Alistair.McCulloch
L&TU Web: www.unisa.edu.au/ltu<http://www.unisa.edu.au/ltu>

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From: learning development in higher education network [mailto:[log in to unmask]] On Behalf Of Leonard Holmes
Sent: Thursday, 14 June 2012 9:38 PM
To: [log in to unmask]
Subject: Re: Are Universities in Loco Parentis?

Why is this an 'interesting question'?
The concept of in loco parentis is a legal one. If you'd asked 43 years ago it **would** have been an 'interesting question' - a matter of dispute, subject to case law. As the age of majority was lowered to 18 in 1970, universities cannot by law claim to be in loco parentis (except possibly for a student age 17 or younger) nor can they be held to be so. That's one reason why we don't respond to parents checking up on their offspring!

Leonard Holmes

From: learning development in higher education network [mailto:[log in to unmask]] On Behalf Of Vivien Sieber
Sent: 13 June 2012 12:14
To: [log in to unmask]
Subject: Are Universities in Loco Parentis?

Hello
We had an interesting question yesterday: "Are Universities in loco parentis?" If they are not, what is the extent of  duty of care?

Please follow this link for a one question poll and comment box:
http://www.smart-survey.co.uk/v.asp?i=53987dnktq

Will post results. Many thanks for your help with this.
Best wishes
Vivien

Dr Vivien Sieber
Head of Learning and Research Support
University Library
George Edwards Building
University of Surrey
Guildford
GU2 7XH

e-mail: [log in to unmask]<mailto:[log in to unmask]>
phone: 01483 683440

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