Legal Question in Education Law in California

I am a graduate student. I am taking a course , and was given previous notes, quizzes and study materials from a student from a previous semester. As students often share notes from semester to semester.The same instructor is teaching this course. The instructor never collected the quizzes from the previous semesters. I was recently caught by this instructor with the prior quiz in my possession. The instructor never bothered to change the questions, and I'm now being accused of cheating. I had no prior knowledge that the instructor was planning on using the same exact quiz as the previous semester, after all , he didn't collect the quizzes, and told us he was going to make a new exam for this term. I am being accused of cheating. Is this my fault, or the instructors fault. My intention was to use the previous exam as a study guide, not for cheating. I feel like I was being set up to fail, and that who knows how many other students may have had the same access to this quiz and never got caught.


Asked on 8/28/10, 6:40 pm

2 Answers from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Which university is this? At most universities, professors/instructors have a duty to safeguard their prior exams, study guides, etc. I agree with you that the instructor, not you, is at fault. Has there been an appeal made? It is important that you exhaust all appeals. The problem that you raise is not that uncommon. Negligent instructors will attempt to shift the blame to the student rather than assume responsibility. See www.higheredjustice.com

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Answered on 9/02/10, 7:03 pm
Michelle Ball Law Office of Michelle Ball

I would suggest that as you are likely up for some form of discipline, you get an attorney to communicate with the university on your behalf. You need to fight this as you had no idea this would be considered "cheating." This is a very serious allegation and could result in you being terminated from the college.

Best of luck.

Michelle Ball

http://www.edlaw4students.com

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Answered on 9/03/10, 1:34 pm


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