Cheating at University

[xoxoxpenguins]

My daughter as been accused of cheating on two final exams at Private University. A fellow student emailed her answers to two different final exams and because my daughter did not report the student for emailing answers, my daughter is now being accused using the answers when she took the exam. They have no other proof that she used the answers. The only evidence they have is that the emails were sent to her. How is she supposed to prove she did not cheat. She made outlines for both finals that she studied from and multiple notecards that she used to study. She has appealed the school and her appeal date is within the next few weeks. She is not allowed to use a lawyer in the appeal case. The school as not followed their own protocol on anything so far during this investigation but they are not willing to listen. We are now looking for legal advice because we have a feeling this appeal will not go in our favor. At this point we are willing to take it to court.

 

[army judge]

My daughter as been accused of cheating on two final exams at Private University. A fellow student emailed her answers to two different final exams and because my daughter did not report the student for emailing answers, my daughter is now being accused using the answers when she took the exam. They have no other proof that she used the answers. The only evidence they have is that the emails were sent to her. How is she supposed to prove she did not cheat. She made outlines for both finals that she studied from and multiple notecards that she used to study. She has appealed the school and her appeal date is within the next few weeks. She is not allowed to use a lawyer in the appeal case. The school as not followed their own protocol on anything so far during this investigation but they are not willing to listen. We are now looking for legal advice because we have a feeling this appeal will not go in our favor. At this point we are willing to take it to court.

You are free, as is anyone, to take any matter in dispute to court.

You need to know that it will be a waste of time and money.

Schools (public and private, and institutions of higher learning) have broad latitude and leeway in running their halls of learning.

That said, they rarely lose when litigation is brought because public policy has determined they need broad latitude and leeway in running their educational programs.

I suggest you have your daughter read the policy and procedure manual on student conduct hearings.

She should also be familiar with the policy on cheating and informing on others who engage in cheating, lying, stealing, or breaking their honor code.

You also need to know, broader leeway and freedom is allowed private institutions of higher learning in governing their programs and institutions, especially private schools founded upon religious principles, teachings, and doctrines.

Of course, you are free to speak with several local attorneys and see what she or he advises.

The attorney is free, upon your direction to institute a lawsuit on your daughter's behalf.

Good luck.

 

[Proserpina]

My daughter as been accused of cheating on two final exams at Private University. A fellow student emailed her answers to two different final exams and because my daughter did not report the student for emailing answers, my daughter is now being accused using the answers when she took the exam. They have no other proof that she used the answers. The only evidence they have is that the emails were sent to her. How is she supposed to prove she did not cheat. She made outlines for both finals that she studied from and multiple notecards that she used to study. She has appealed the school and her appeal date is within the next few weeks. She is not allowed to use a lawyer in the appeal case. The school as not followed their own protocol on anything so far during this investigation but they are not willing to listen. We are now looking for legal advice because we have a feeling this appeal will not go in our favor. At this point we are willing to take it to court.

If she had actually forwarded the email to the school, she likely wouldn't have been in this situation.

The school is going to ask, "Why did Person B not report the email from Person A, if not to cheat?"

Which laws do you think have been broken?

 

[Betty3]

Your daughter should have immediately reported the receiving of the e-mails with exam answers to school officials. How does the school know she didn't use any or all of the answers?

Of course, you are free to run the situation by an attorney.

 

[ElleMD]

I work in education in your state and I am familiar with honor boards (admittedly it has been a few years). I really don't see this going your daughter's way. No matter how much prep she did, the fact that she had possession of the answer keys and failed to report such is a huge violation. Most schools would take action based on the fact that she did not report the violation, whether or not she used the information herself. I really don't see anything an attorney can help you with here. Honestly, if I were her, I would own up to her part in this and be very contrite. If she is lucky she will not be expelled. Anything short of that I would consider a victory.

I'm not sure what you mean by the school hasn't followed their own protocol but unless the school is guilty of some eggregious legal violation, there really isn't anything you can do. Even if they did violate the law, that will not necessarily negate any disciplinary action the school might impose. This is not a criminal trial where evidence obtained through improper channels or violations of due process mean she gets off.

 

[xoxoxpenguins]

There was a lack of due process. One student was found cheating on 3 quizzes in the same class and only received a C. The syllabus for the class if cheating occurs the student will receive an F for the class. The administration said they placed the cheating on a spectrum instead of following the syllabus that each student signed in the beginning of the year. If one student cheats on 3 quizzes and she only receives a C my daughter should also receive a C. The University isn't following their own protocols on the cheating policy. The student's were also called down to meet with administration and upon meeting with them, their belongings were taken from them including their entire backpack and cell phones. The academic policy also states that the first meeting between students and administration results in an explanation of what actions are to happen next. When my daughter asked all they said is that the investigation is still going on. The students were also supposed to be able to write down any comments they had during the first meeting and this also did not take place. This is all where I see a problem. Students are not not receiving the same punishment, the university is failing to actually follow the rules they have in place and their basic rights were violated.

 

[Proserpina]

Due process doesn't enter the equation at all. "Due process" generally pertains to criminal law - not a school exercising its right to punish as they deem appropriate.

Neither the school nor any employer is prohibited from dishing out different penalties depending on the circumstances.

 

[Betty3]

Schools have a lot of leeway in how they handle various situations & don't have to treat everyone exactly the same. You said she appealed & has an appeal date coming up - that's about all she can do.

 

[ElleMD]

Agree on the due process. It does exist to an extent in PUBLIC school, but private college is a separate matter. Quizzes and final exams in two classes are not at all the same and the school is entitled to treat them differently. Telling her that the investigation would continue was informing her of the process, though no law obligates them to do so. Whatever you (read she) do, DO NOT start pointing fingers at others who also broke the rules or try and claim that cheating on two final exams and not reporting the ethics violation should automatically warrant a C for the classes. Universities abhor that type of excuse making and finger pointing. Trust me, they have heard any excuse she can dream up before a thousand times over and the finger pointing gets very old, not to mention it does nothing to minimize or justify your daughter's behavior. That whole jumping off a bridge because others do too thing. I promise they have had more than one threat from an irate parent threatening to sue and they know it is a baseless threat. This isn't their first trip to the rodeo and you threatening legal action is not going to have them quaking in their boots. It might have them shaking with laughter on the inside, but it will absolutely not help her cause and is much more likely to hurt. Trust me.

Unless there is some sort of binding contract, in which case any violation would fall under contract law and not "due process", signing a syllabus is meaningless. Even still, I very much doubt she signed any sort of contract which held that any instances of cheating would result in a "C". She would be held to the terms of th econtract she signed and even if the university violated their end, equitable remedy would not automatically get your daughter out of trouble nor guarantee her a passing grade. Contract law does not work that way.