Legal Question in Education Law in California

I am grad student and was accused of plagiarism last semester. The reason for this is because one week before the paper was due the professor changed the way she wanted citations done. Confused by this, I cited each paragraph in which my work was intermixed with the research. This was not what she wanted. I was told I must go before a committee for them to determine their course of action. Because of ill health and family circumstances I said that I will need to withdraw because I am in no shape to fight this. I was told I cannot withdraw until after the hearing. Can the university legally not refund my tuition for this semester that just started, and that I have no intention of going to? Should I be worried about legal charges? I'm fully aware that expulsion is a possible consequence but quite honestly that is the least of my concerns right now. I want my money for this upcoming semester refunded and no legal issues.


Asked on 1/26/12, 11:22 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

The school needs to follow due process in resolving an accusation of plagiarism, including a hearing, etc. The procedure should be outlined in your grad school's regulations. Typically, this process can be continued because of ill health or family matters. In my experience, you also can withdraw at any time, which also may moot any hearing; i.e., they cannot proceed with a hearing if you are not a student or are absent because of ill health. With respect to tuition, unless you contracted otherwise, the school cannot accept unearned tuition for courses that you could not attend because of withdrawal or ill health. There would unlikely be any basis for criminal charges. Contact me through my website "higheredjustice.com."

Read more
Answered on 1/27/12, 12:34 pm


Related Questions & Answers

More Education Law questions and answers in California