The evolution of the contract theory of institution-student relations in higher learning: A legal-historical analysis

The thrust of this study was the clarification of the legal status of the relationship between American institutions of higher education and their students. A historical overview of the development of the contractual relationship between students and universities from the in loco parentis doctrine to the contemporary contractual context was presented through a comprehensive analysis of related literature and case law. This review of the evolving legal relationship included analysis of the rise and subsequent decline of the doctrine of in loco parentis as a descriptor of the legal relationship, the development of contract theory as applicable to higher education, an analysis of the student-as-consumer orientation driven by contract theory, and a review of Rogers' (1986) study, The Evolution of a Contractual Right for the American College Student. Sources for this section of the investigation included academic journals and periodicals, legal journals and periodicals, scholarly books, and relevant case law.; The nature of the contemporary contractual relationship and its related consumer orientation was then examined through the analysis and synthesis of related case law addressing the context of the contractual relationship. A preponderance of cases was selected during the 1985--2000 time period, and these cases were couched in the following format for review: tuition, fees, scholarships, and loans; disciplinary action; educational malpractice and consumer issues; and the academic platform. The facts under-girding the individual cases and the decisions handed down from the bench were summarized in order to identify the legal themes inherent in the holdings of the judiciary.; The analysis and synthesis of reported case law indicated that the contract theory applicable to higher education has undergone an evolutionary process through which it has become firmly ensconced as a viable legal descriptor of the relationship between institutions of higher learning and students. In its contemporary manifestation, contract theory has provided students an outlet to seek redress against their colleges and universities that was previously unavailable. Now characterized as consumers, students have certain and precise expectations of collegiate performance, and actively seek judicial relief through contract theory for perceived abrogations of these expectations.