<p>To make a long story short basically it was exam day and i came in late to this class because i was studying for it, basically when i came in i came in with my headphones on playing music and me being dumb i sat my phone in my lap, i was one of the last people to get test, so before i even take my test i feel my phone vibrate in my lap, it was an alert from a game but it doesnt show on my lock screen because i turned alerts off for the program so im looking at my phone i havent unlocked it yet and my professor sees me and comes up to me and ask me to give him my phone i give it to with no hestitation, then i attempt to start my test then he gives my phone back and he tells me to unlock it, i unlock it and i think he probably saw notes on my screen because that was the last thing what i had opened, then he tells me to leave the class. So know i get a email telling me i have to setup a meeting to explain my case and im very scared of the outcome(explusions etc) because i am innocent and dont know what to expect, i been stressed out all week, they siad i can get an advisor but i havent contacted them yet, does anybody have any advice for me?</p>
<p>i know what i did is wrong but is it even cheating if i didnt even start the test yet?</p>
<p>You must be prepared to vigorously defend yourself. Be polite but firm. First, you didn’t cheat because you had not begun the test. So it is intention to cheat they are concerned about. They may treat it the same. You will have to explain your carelessness. You think you are innocent but you did everything a cheater would do, so how do they know? First thing to do is contact your adviser and discuss your situation. You are already delaying a whole week without doing that? Bad move. Go talk to someone tomorrow.</p>
<p>“so before i even take my test” key words here. He didn’t catch you actually cheating on the test. Find a good lawyer or advisor that is competent and they should be able to argue your case.</p>
<p>Also, I don’t know what year you’re in, but maybe you can find someone who can attest to your character and confirm that you’ve never cheated on something before and wouldn’t cheat now?</p>
<p>No not true. At the beginning of the class, the professor will say put away all your cell phones and study materials before handing out the test. It doesn’t matter if you haven’t started the test, after that initial point it can be considered cheating. Why didn’t you put your phone away right as you sat down? Putting it it your lap is the worst thing you could do. It definitely looks like you have an intent of cheating, which is enough to kick you out of the testing room. Even if you haven’t started your test, you could be texting with someone who did start.
Anyways, try to argue that you had gotten there late and were studying beforehand so that’s why you had your phone out. Then explain that you didn’t have time to put all your stuff away before an exam was given to you. Not sure if that is enough for the professor to believe you but it’s a better than saying “I didn’t even start yet”</p>
<p>^ clearly you have absolutely no experience with the law. That’s why I told the OP to get a competent lawyer or advisor because someone like you would completely doom him.</p>
<p>Rule #1, you don’t admit wrong doing and you definitely don’t make a minor point such as the time before the test an area of contention. You are pretty much setting yourself up to fail from the get-go.</p>
<p>Step 1 OP points out the test didn’t even begin and the teacher didn’t catch him cheating. This turns the table around; now the teacher has to defend himself and his actions.
Step 2 OP points out that the teacher didn’t talk to him in class, didn’t ask for the details. OP points out that the teacher rushed to conclusion. This further hurts the teachers credibility.
Step 3 - which you did get right - is OP tells his story. Says he was studying before test and forgot to put the cell phone away.</p>
<p>Combined this case would give the OP a strong chance of overcoming the accusation.</p>
<p>I would do the same thing if I were the prof. Beg for liniency. You knew that you were not allowed to bring electronic devices to the test room since you took the SAT test in HS. And why did you have notes on the cell phone on your lap?</p>
<p>Biggest problem for the professor: not making/keeping a copy of the notes.</p>
<p>Biggest problem for OP: not communicating immediately with a department head, dean, whatever, and then not waiting around for the professor to plead the case as soon as possible.</p>
<p>I have been part of several disciplinary investigations, and that’s the kind of stuff we ask questions about.</p>
<p>Was this your first final exam/test? Maybe you didn’t know what the exact policies were? </p>
<p>At my university, testing protocols vary. Some professors make you put cell phones and bags up front, and some just make you turn them off and put your bags under your desk. It does depend on the instructor, but it’s definitely not good that you had it out. </p>
<p>I’m not familiar with any legal proceedings, and I’m sure you’re not either. So get a lawyer and don’t admit/talk about anything until you have legal advice.</p>
<p>these types of hearings often don’t allow lawyers present and do not require the same standards of evidence as a court of law.</p>
<p>
</p>
<p>According to the OP, the test had begun, he simply hadn’t begun, so this is not on OP’s side. For example you can’t sit in a testing room and keep studying if you haven’t opened your own test yet. </p>
<p>OP had his phone out with notes on it during the test which wasn’t allowed. This is why it really is going to come down to whether or not people believe that OP had no intention to look at his phone and has to play up that he came in hurried and simply didn’t put his phone away.</p>
<p>I agree that he should consult a lawyer, but there’s a very real chance that the lawyer is forbidden from the hearing and this is not going to be as easy to throw out as you’re implying.</p>
<p>bomerr:
1: The test begins when the first student obtains the test, not when the OP starts writing on his test.
2: Given that the test has already started, the fact that the OP had his phone with the first page being his notes on his lap is already suspicious enough. The professor being cautious, has every reason to kick the student out.
What I’m saying is the OP should have known better, having taken tests throughout his academic career. It may be a mistake but the professor had every right to kick him out. He needs to admit that he made a mistake but that it was only a careless mistake and he had no intent on cheating. Being sincere and apologetic is way better than straight-out accusing the professor of negligence and questioning his credibility. People generally do not take kindly to being accused.
It’s not like the OP is going to court, he’s just going to meet with the prof and explain what happened. All he has to do is tell the truth and the prof will be lenient (as in no expulsion). Otherwise its a students word vs a professor’s word.</p>
<p>When expulsion (or other serious punishment) is a real concern it’s not a bad idea to have a lawyer in the loop to try and prevent the school from doing anything illegal and to prevent you from doing/saying anything that would give them the ability to legally expel you when they otherwise might not be able to.</p>