Wrongly Accussed of Cheating--What to Do?

Parents Forum
1

<p>I have been wrongly accussed of cheating in a psychology class. In the class, I got mostly A's and B+'s on every assignment. However, I did poorly on a few take home assignments. Therefore, I knew that the only way I could finish the class with a good grade was if I excelled on the final exam. So, I studied extremely hard for the final exam. </p>

<p>However, when I recieved my final grades, I discovered that I had a C in the class and a 73 on the final exam. I was absolutely shocked, so I asked my professor if he could review the exam, make comments, and then mail it to me. He said he would, but I never recieved anything. I waited and waited.</p>

<p>Then, yesterday (over one month later), I recieved an email from the Honor Council telling me that I am suspected of changing the exam and that I must appear at an official hearing. From what I'm told, the professor had left the exams outside of the psychology building's main office, and he thinks that I took my exam, altered it, and then put in back in the pile. This is absolutely untrue, but my professor refuses to believe that a grading error was made nor does he like changing grades after they've already been submitted. My family and I are completly outraged, and we want to hire an attorney.</p>

<p>Never in my life have I ever been accussed of cheating, plagarizing, or any other forms of academic dishonesty. Teachers trust me, and they know that I'm a good person. I am the type of person who returns lost wallets, gives extra change back to cashiers, and I feel insulted by these allegations.</p>

<p>I don't know what to do. If I get convicted, then my dreams of attending law school will be destroyed. I like to believe that, since I'm innocent, I will be acquitted. However, this is wishful thinking because innocent people get convicted all the time, and our justice system is not perfect. </p>

<p>Later on this week, I will meet with the Dean to review all the submitted evidence. I'm hoping that my professor did not fabricate a false exam (and then make copies of this exam) just so he can cover his tail. I know this seems far-fetched, but I've heard of this being done before. Could someone please advise me? I couldn't sleep last night, and I've been crying all day.</p>

2

<p>What a problem! A nightmare!! I think a review of the exam should show whether or not it was altered. That is a pretty sloppy way for a professor to distribute feedback anyways. If he did a careful job correcting your test, there should be feedback in his own penmanship on your exam. Bring along a someone as a witness when you go to meet with the Dean. Fight it all the way!</p>

3

<p>Get an attorney's advice now before you go to that meeting re; what to ask for, what to say, what not to say there.</p>

<p>I would like to ask an attorney if you can get a copy of the original exam to have an expert check it for tampering. Just as a start.</p>

<p>If your parents are ready to "get" you a lawyer, consider him/her gotten. Make the phone call and get some phone advice. If they can afford it, it'll only help you to know your rights at this moment.</p>

<p>I'll stand correctable if any attorneys reading this think this is too much, too soon. But I think you can "get" an attorney without the attorney making his/her presence known to others at this point.</p>

4

<p>Why on earth would that prof go to all that trouble to harass you like this?! I think the burden of proof would be on him...he should have to prove that you stole/altered an exam, not that he suspects you because you did well. And how lax was it for him to leave his exams in the hallway in the first place? </p>

<p>Of course, if your professor is a liar, you might want that lawyer to protect your rights. I would also contact your school's ombudsman or student advocate if such a person exists. It might also help to print out your correspondences if you communicated in writing. It is suspicious to me that so much time elapsed. I wonder if he even still has the exams. </p>

<p>I know of two students who were assigned erroneous grades. One kid got a C instead of an A, and when he questioned it the prof admitted that he entered it wrong. The other kid got an A when it was numerically impossible for him to do that (how lucky is that?) It happens!</p>

5

<p>The dean, however nice, is procedurally a hostile party at this point. The school disciplinary committee, even more so. </p>

<p>The idea of a friendly discussion with the dean is a farce for as long as accusations of misconduct are pending against you.</p>

<p>Any activity at the dean's office other than receiving information from the school as to their view of the situation, how things reached this point, what information and what recourse you have access to prior to any disciplinary meetings, and similar queries, can potentially hurt you. You can always write a letter explaining your position and staking factual claims after the meeting, or schedule followup meetings.</p>

<p>The goal at this point should be to pre-empt and stop in its tracks the process leading to disciplinary hearings, not create inputs to such hearings should they take place. The ball is in the university's court to explain what is going on. Written lists of questions before, during or after the meeting with the dean are a good thing.</p>

<p>In any case, it can be a bad idea to divulge information, make any agreement, or take any position in meeting with the Dean. If there is no "show cause" stage in the university's procedures (i.e. they schedule a hearing on the professor's word alone, which creates negative material in your file regardless of the outcome) feel free to point that out liberally and in writing. </p>

<p>Cooperation with the internal university process is optional, especially if it in any way undercuts (or could potentially undercut) your options to go the legal route.</p>

6

<p>
[quote]
But I think you can "get" an attorney without the attorney making his/her presence known to others at this point.

[/quote]
</p>

<p>You are not obligated to disclose anything to the university, including whether you got a lawyer, whether you even deny the cheating allegations, or anything else. It is highly improper for them to ask if you have a lawyer. If and when you decide to work through a lawyer, he can always call up the university and announce his presence. The communication with the university should not at this stage introduce new information about you, the issue is what information THEY can provide about THEIR process and THEIR charges.</p>

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<p>The burden of proof is on him. Remind yourself of this throughout the meeting, demand such proof, and outright ask how they suggest you prove to them the accusation is false.</p>

<p>This is what I would have done, but the poster above me sounds like he actually knows what he's talking about, haha. Good luck, and please keep us updated!</p>

8

<p>What an awful situation! You've already gotten good advice, such as letting the prof explain why he has made this accusation. At the meeting with Dean, you can listen without trying to defend yourself. You'll know how much legal support you will need. The prof is putting his reputation on the line. It certainly does seem like the handwriting comparison can be done. I wonder if someone else pulled your paper from the stack to play mischief. Also, why were the exams left out, with no security?</p>

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<p>The professor has a responsibility of safe guarding those test papers. As many people of said on this thread, he needs to proof you actually changed your test. At work we are constantly warned about not leaving sensitive documents on our desks. Many of us would be fired for not taking care of firm's documents or locking our computers when we are not at our desks.</p>

<p>On the other hand, this is very extreme for a professor to accuse a student of cheating. It would be easier for him to admit he has made a grading mistake. I usually don't find my kids' teachers are out to get them. I think I would try to be reasonable and try to find out why he thinks you cheated. It could be a very big misunderstanding.</p>

10

<p>
[quote]
The professor has a responsibility of safe guarding those test papers.

[/quote]
</p>

<p>Every university requires professors to ensure continuous custody of final exams. Never mind cheating, the risk is that a stack of a hundred exams would disappear at the end of the school year, leaving an embarrassing administrative nightmare. It is also standard practice, though not required, to mark the exams (filling or demarcating blank spaces) so as to prevent addition of material later.</p>

<p>It sounds very strange that the school would proceed if they knew that the professor had left the exams unsecured.</p>

11

<p>When you go to this meeting (with your parents and maybe even your lawyer), I would take care to document everything that is said right then as the discussion is happening. Let them know you are taking notes and that you are not going to quietly accept this. </p>

<p>And remember, the burden of proof is on them. I wonder how many other students whose tests were left in the hall are accused of cheating? Is it possible that someone is angry that you ruined the grading curve?</p>

12

<p>It is also strange that professor didn't talk to you first about the situation. There are usually the first step in a procedure deal with cheating. The professor could have violated the rule.</p>

13

<p>There are some details in the story that seem unclear to me.</p>

<p>I'm assuming that the prof left the exams out in the hallway before he had had a chance to read them and grade them. If so, it was a huge breach of security and he needs to be reprimanded for that. More pertinent to the case is how would he then know that this student--or, for that matter, any other student-- altered the exam? As other posters have said, the burden of proof is on him; he also needs to ascertain that no other student has done what he accuses this student of having done.</p>

<p>The only other scenario is that he left the exams in the hallway after having marked them; this is a common practice. In fact, when visiting colleges, I noticed a pile of bluebooks in an administrative office, withclearly displayed on the front cover of each--a serious breach of confidentiality. Usually, instructors and TFs are told to put the grade inside, and for good measure, some put the exams and term papers inside manila envelopes or staple them together to prevent other students flipping through. It would seem, again, that the prof did not do any of these things. But there is a possibility that the prof is accusing the student of altering the exam after the fact in order to dispute the grade. Again, he would need to furnish proof. </p>

<p>I don't know how the Honors Council works at the student's college. It is possible that it is adversarial, as Siserune suggests. It is also possible that the Council is giving a chance to the student to present her case after a member of the faculty has made a serious allegation that cannot be ignored. At some colleges, there are deans, proctors, tutors who can act as students' advocates. The OP should find out whether such resources are available. Either way, however,it is a good idea to consult a lawyer. It is also a good idea to require the prof for full proof of the allegations, and to be given the evidence on which he bases these allegations so that they can be addressed.</p>

<p>If the allegations are proven untrue, there remains the issue of the grade. The prof is unlikely to want to change the grade after causing such commotion, and should not asked to do so. But the exam should be regraded by someone not involved in the case. Often, profs rotate teaching introductory courses, so there should be someone else in the department who is familiar with the curriculum and grading practices in the course.</p>

14

<p>Excellent idea. Request that the exam be regraded by another prof (hopefully not the best friend of the accuser!)</p>

15

<p>If the teacher suspected you of cheating, why would he not have failed you on the final exam? If you got a 73 on the exam, it hardly looks as though you cheated. If you did cheat, wouldn't your grade have been much better than that? Something doesn't make sense here.</p>

16

<p>The disciplinary council may or may not be "adversarial" in the legal sense (if only it were that formal!!). That wasn't the point. Rather, the dean and other university personnel are, effectively, hostile parties. It is not a friendly meeting, even if they serve you tea.</p>

<p>I would not anticipate that a dean would be personally hostile or necessarily out to do anything in the meeting but give some basic information and refer the student to a designated "faculty advocate" (which unburdens the dean of the task of being the human interface for this matter). He might well attempt to get the student's story ---- something that is dangerous to discuss until the student understands clearly and completely what procedural universe he is confronted with and has had time to consult with third parties.</p>

<p>
[quote]
The only other scenario is that he left the exams in the hallway after having marked them; this is a common practice.

[/quote]
</p>

<p>Not for final exams. For graded mid-term exams and homework assignments it is common, because there is time to fix problems that arise. Final exams are much more restricted, because situations can arise where it's the end of the semester, students are about to graduate, and they can't verify that their grades are correct because a stack of finals was stolen.</p>

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<p>What Siserune says may be true of his college; however, I have been in many more colleges and for a far longer time, and I have observed that exams, including final exams, are often left in hallways for a time, usually about a week, for students to pick up. Those that aren't are bundled up and taken to offices. The bundle of exams I observed in a college's departmental office had been there, I assume, since May; we visited in October. And as I wrote, the grades were clearly visible on the cover page.</p>

<p>As for deans being adversarial, it depends on the context and the college. I know of one case where a prof wondered about the different writing in bluebooks submitted by a student. The matter was referred to a dean (not the honors council), who talked to the student. The dean was satisfied that the student had indeed written all the bluebooks; he reported this to the prof and there the matter ended. From what I heard, it was not an adversarial procedure; the dean was giving the student a chance to show that the prof's suspicions were incorrect.</p>

<p>In this case, it is surprising to me that the first hint of trouble came from the Honors Council, that there were no intermediate steps and no warnings to the student that the prof harbored such suspicions.</p>

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<p>I agree with the others that if possible, you need try to understand exactly what you are accused of doing before making your response or taking a position. Try to get the disciplinary authority to put its position in writing. You don't want to be accused of "X," show proof that you didn't do "X," and then be accused of "Y." You might try sending them a friendly e-mail saying that you will be happy to cooperate, but so you can prepare, could they please send you an e-mail setting forth the particulars of what you are accused of.</p>

<p>Also, bring a neutral witness to any meetings so that it will be difficult for anyone to later claim that you confessed to something. (As an attorney, I've seen this sort of scam take place many times.)</p>

<p>And I agree that if you have the money and the school will let you, you should have an attorney come with you. In general, college disciplinary authorities tend to be a lot more interested in smoothing over problems than in seeking justice. This can cut both ways, but if you are represented by an attorney, it may suggest to the school that the path of least resistance is to drop the investigation.</p>

19

<p>I completely agree to be closed-mouthed with the dean except to ask for whatever information a lawyer tells you to ask for. </p>

<p>At worst, consider that the prof could be totally incompetent or mentally ill, so don't let him bring your academic career down with his ship. </p>

<p>Until you know what you're doing legally, act around the Dean like the "Miranda Rights" after an arrest, "anything you do or say may be used against you...." and don't be fooled by nice voice tones from adults in a situation like this, until you understand what procedures you are defending yourself against. Then wait for the hearing. I'm sure you're concerned and upset, but try not to talk among school riends, either. Loose lips sink ships. Try to keep it with your famiily, lawyer and vent here. </p>

<p>As other expressed so well above, it will be the college's problem to prove this about you. If it's on false sand, I hope it'll eventually become obvious that there's no case here, so your goal meanwhile is not to feed anything in the wrong direction. Just find out what they are trying to say about you, with which documents, so you can prepare for the meeting with the Dean, as others above say. I certainly agree you should go accompanied to that meeting. And if it were my kid, I'd go in with a lawyer so the college knows not to mess with me.</p>

<p>Meanwhile, just to think about for now, and not to discuss with the college but to tell a lawyer for background:
You said you made much academic improvement near the end of the term by studying hard. Some prior assignments weren't very good so you buckled down to study for the exam. The prof might disbelieve such progress in a short time, so was suspicious when you did as well as you did.
So, do you have any record, or witnesses to the days and evenings when you studied so hard? </p>

<p>I'm thinking if the prof says the basis of his suspicions were the unbelievable improvement you made, and he's never seen a student do such a turnaround in such a short time, then you could document how hard you studied in the weeks before the exam. Conversations where other kids about how much you were sweating to study for this one, situations where you left something early to go study for it, any textbook notes or study notes you took with possible dates nearby them, etc.</p>

<p>I'd hope to see this shake out that a prof didn't believe enough in a student,
but a hardworking student proved that academic improvement was possible. A dean should welcome that in a student and chide a professor following.</p>

<p>BUT DEAL WITH A LAWYER. I'm just speculating here...</p>

20

<p>I too was falsely accused of cheating this past year. If your school is anything like mine you'll be assigned someone to explain everything to you and also get to choose someone to attend the meeting with you as well (mine had to be part of the faculty) and the most important thing is to pick someone who knows you, I chose my advisor. Most of the time attorneys aren't allowed and their advice is not all too helpful since they have about as much experience in the matter as you, and you'll also probably find that it's tough to find anyone who'll admit to being in a similar position or even been to a diciplinary meeting. If you're allowed to write a defense, which I was, write it as detailed as possible. If I remember correctly my defense was something like 13 pages in length with an additional 10 pages of references.</p>

<p>But yours also doesn't sound like as big a deal as mine was (not to downplay your situation) so it might not be as hard to convince them of your innocence. I was facing a nearly garunteed 2 semester suspension for something my committee advisor said she had never seen someone get off of in her 14 years of experience in matters like mine.</p>

<p>No professor would ever change a test to cover something like that up. Most don't care to give back points either, so it's probably just a misunderstanding. Explain your case clearly, read over any documentation the professor wrote about the case (he has had to submit an accusatory statement at least outlining what he's objected to, right?), note and give clear explanations for why the errors occured, and stay calm. Also, your case seems like it might benefit from a witness statement confirming that nothing happened if that is possible.</p>

<p>Maybe you'll get something extra out of it. I got to see the witch of a teacher who accused me fail to earn tenure and get booted out of my school a couple of weeks ago, so yeah, that was nice.</p>

<p>EDIT: dealing with a lawyer might help as people have said, but the best people to talk to are either someone who's been there, someone who's been on the council (many times they'll have one or two students on the board so you have peers), or there is often one or two departments of schools which specialize in helping students fight academic dishonesty charges. Attorney's can give advice, but you're not going to be in a court room calling witnesses or anything, I was in a small conference room sitting in a big circle and just answering or asking questions whenever they were posed to me calling witnesses whenever someone thought it made sense to, there was no official record of what you said and all decisions are final no appeal. It was pretty much as far from a court as it could get while still holding a ridiculous amount of weight legally. Maybe your school is different though, but I would try and get the advice of someone actually connected to the school before discussing it with a lawyer.</p>