Extracurricular Activities, Law, and Policy

Gott v. Berea and the Evolution of In Loco Parentis

Gott v. Berea College (1913) exemplifies how in loco parentis functioned between students and officials in institutions of higher learning. Officials at Berea College distributed a manual containing rules and regulations for students. One section of the manual, titled “Forbidden Places,” forbade students from entering any place of ill repute, liquor saloons, gambling houses, and the like. Other forbidden places included eating houses and places of amusement in the city of Berea that were not controlled by the college. Students were warned that if they entered these places, they would face immediate dismissal. This policy was based on the rationale that because college officials provided for recreation and ample accommodations for meals and refreshment, they would not permit outside parties to solicit student patronage for profit.

After two students were expelled for entering a restaurant across the street from the college, its owner filed suit. The owner claimed that the rules had the effect of materially injuring, if not ruining, his business, because the students were afraid to patronize his restaurant. On further review of a judgment in favor of the college, Kentucky's highest court affirmed the earlier order. The court held that because college officials stood in loco parentis with respect to students' mental training and physical and moral welfare, however widely defined, college officials could adopt rules just as parents might have done. In addition, the court noted that whether the rules or regulations were wise or their aims worthy was a matter left to the discretion of the authorities or parents. The court explained that in the exercise of the discretion that officials enjoyed, the judiciary should not interfere, unless college rules were unlawful or violated public policy.

Cases such as Gott established the basic principles of law regarding extracurricular activities and their relationship to college and university students. The courts generally agreed that the power of institutional officials over their students was not confined to classes or grounds. Rather, the courts maintained that rules extended to any student acts that may have been detrimental to institutional good order and best interest, regardless of whether the student acts were committed during school hours or while individuals were on their way to or from campus. The courts acknowledged that while these rules and regulations were not meant to interfere with parental control of their children in their homes, they were designed to direct the actions of student bodies. Accordingly, the courts determined that institutional officials were well within their authority when, in cases such as Gott, they directed students as to what to eat and where they could get it, where they could go, and what forms of amusement were forbidden.

...