'Gray Touch': Professional Issues in the Uncertain Zone Between 'Good Touch' and 'Bad Touch'
Marquette Elder's Advisor Law Review, Vol. 11, No. 2, p. 223, 2010
57 Pages Posted: 1 Dec 2011
Date Written: 2010
This article explores “good touch,” “bad touch,” and the uncertain area of “gray touch” – touch intended to be good, or not intended to be bad, that is nonetheless perceived by the recipient as bad. First, the article examines the concept of “good touch.” Second, the article looks at the concept of “bad touch” (touch that can and does cause problems for people in their professional capacities) and examines the role of the law in regulating touch, when and how the law becomes involved in the issue of touch. This section highlights case law and labor arbitration decisions to help understand what judges and arbitrators say about “good touch” and “bad touch.” Finally the article introduces a new concept of “gray touch” (touch that may be well intentioned, but is perceived as bad) and explores ways for professionals to approach the often misunderstood and troublesome issue of “touch” in American society’s current murky and litigious environment. Because the dependency needs and relative vulnerability of both children and the elderly put both groups at unique risk of being the victims of bad touch, special attention will be paid to these two groups.
Keywords: Good touch, bad touch, gray touch, touch, children, elderly, harassment
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