Legal Question in Education Law in Pennsylvania

Re: Accusing of cheating for an open book exam

With few exceptions, the law of higher education is a combination of private contract law and procedural due process requirements - which means, basically, that the actions of the University toward you as a student must not violate its own reasonable rules to which you and it agreed upon signing your admission contract, and your scholarship contract.

Upon an accusation of a student violating a University rule or requirement, the University must follow its own prescribed procedures. These should be found in your University handbook or through the Dean of Students or Admissions. There will most likely be a process in place by which you may appeal an individual instructor's decision within the University system. Beyond that, there is the possibility of court action.

It is impossible to respond to a specific question without a great deal of background information. Be advised, however, that in plagarism and outside source cheating incidents, recently, instructors have been "google"ing certain phrases to see if they come up as quotations from other sources.

If you should need to consult on this matter, please feel free to call my office.

Ilene Young, Esquire/ Education & Family Practice/215-444-0445

NOTICE

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.