Towards Effective Implementation of in-Loco Parentis in Nigeria Tertiary Institutions

Abstract

In Ioco parentis or literally "in the place of the parent" is a legal doctrine that, historically, charged individuals caring for minors (including schools and camps) with the same rights, duties, and obligations possessed by the child's parents — most commonly in the area of discipline or conduct. Is doctrine in loco parentis still a valid principle for engaging the active relationship between tertiary institutions and parents of colleges and university students in the twenty first century? What are the historical antecedents to the current status of care and responsibility of university administrators for students under their watch? Is it worth while to wait for law suits before putting in place measures that safe guard students while in the care of the university? This article examines the doctrine of in loco parentis, (in place of the parents) in its historical context in the United States in comparison with the local Nigerian experience. Eleven recommendations emerge on how best to implement the doctrine in light of legal battles brought against institutions by parents who lose their children to death or sustain serious injuries while under the care of the institution.

Keywords. In loco parentis, university discipline, parental responsibility