BEREA COLLEGE Kate Bumhoffer Eating houses and places of - PowerPoint PPT Presentation

GOTT V. BEREA COLLEGE Kate Bumhoffer

“ Eating houses and places of amusement in Berea, not controlled by the college, must not be entered by students on pain of immediate dismission. The institution provides for the recreation of its students, and ” ample accommodation for meals and refreshment, and cannot permit outside parties to solicit student patronage for gain. Berea College Students Manual

• Private institution FACTS • “inexperienced country, mountain boys and girls of very little means” • Students Manual forbids businesses OF THE with bad reputations • New rule in summer of 1911 CASE • Gott bought restaurant in fall of 1911, down the street from Berea College

PROCEDURAL HISTORY • Gott obtained temporary restraining order • Charged Berea College with conspiring to ruin business & spreading rumors • Asked for $2,000 in damages • Berea College denied accusations • Didn’t know Gott would own the restaurant • Private college, rules were lawful & in students’ best interests • Restraining order dissolved, case dismissed

ASSIGNMENTS • No assignments of error cited • Assume Gott appealed since case OF ERROR just “dismissed” (?) KENTUCKY • Main Question: New rule reasonable & within their power? COURT OF • Does Gott have actual legal APPEALS complaint?

HOLDING • Colleges act in loco parentis • Berea College’s rules in students’ best interests, ensured welfare of school • Admission to the college = students agree to rules • Private institution, rules not in conflict with state • Gott had no contract with Berea College, didn’t owe him anything • In no position to complain, isn’t a student & no children enrolled at Berea

• Reinforced idea of in loco parentis • Rules can concern students’ physical, moral & mental welfare/training SO • Rules aren’t confined to class hours or school grounds WHAT? • Students agree to college rules upon admission • Businesses inconvenienced but not lawfully wronged