restricted access Legal Issues and Postsecondary Students

Courts historically have allowed a great deal of discretion to college administrators in dealing with student affairs. While this doctrine of judicial nonintervention is largely still in effect in academic matters, the area of student discipline and student rights has shifted dramatically from a paternalistic in loco parentis philosophy to a more balanced contract or consumer perspective. This article reviews the major litigation and legislation affecting this shift, as well as societal changes affecting the relationship, and concludes that the revision has been beneficial.