Some universities have an “honor code.” Others have an “integrity policy.” A few schools call it “academic misconduct” or simply refer to it as “dishonesty.” Students usually call it “cheating,” but it can actually include lots of other academic sins, like plagiarism, fabrication, and multiple submissions. Whatever it's called, schools take academic misconduct extremely seriously these days, and that means you should too. Professors are more vigilant than they've ever been, and they've gotten more extreme in the punishments they assign. One accusation and you could find yourself failing a course or even being dismissed from your school entirely.
What do you do when someone points the finger at you? First, you don't panic. Sure, an academic misconduct allegation can be upsetting. After all, your integrity is being called into question. There are ways to deal with the situation, though. Find out everything you can about how your school handles such policy violations. Begin building your defense one piece at a time. Finally, and most importantly, you call Joseph D. Lento and his Education Law Team. It's not easy challenging a faculty member's accusations, let alone the weight of your university, but with the right attorney-advisor at your side, you can get through it.
Classroom Discipline
Let's not waste a lot of time talking about what academic dishonesty is. After all, every school defines it a little differently. Everyone forbids cheating and plagiarism, but some mention unauthorized collaboration, bribery, or research ethics, while others just make blanket statements about obtaining your degree honestly. You can find out all about how your school defines misconduct in your student code of conduct, and you'll want to read every syllabus carefully to see what your instructors expect.
The more important question, though, is what happens when you're accused. Cases can play out on two levels. The first of these is within the classroom itself. That is, someone decides you've been academically dishonest, and they assign you an “academic sanction.” Here's how that usually works.
At most schools, faculty have the primary responsibility for identifying and responding to policy violations. This makes sense since they're the ones in the best position to recognize cheating and plagiarism. If they suspect you've done something wrong, they'll usually take some time to investigate further. This might be as simple as running your paper through Turnitin.com or comparing your test answers to your classmates. On the other hand, it could involve interviewing your classmates or utilizing technology to monitor you during an online exam. or utilizing technology to monitor you during an online exam.
At some point, your instructor will let you know that you're under suspicion or that they believe you've committed an offense. Most schools require faculty to schedule a face-to-face meeting with you so that you have an opportunity to give your side of the story.
At this point, one of two things will happen.
- Your instructor will unilaterally make a determination as to your responsibility and if necessary, assign a sanction.
- Your instructor will turn the case over to an administrative official or an integrity board, and they will decide the case.
In either case, your school will likely offer some means of appealing the outcome. This may be a complex process involving a formal, open hearing. It could be a closed-door review by an administrator or an appeals panel. At some schools, misconduct allegations are handled through a grade appeals process rather than as a formal misconduct appeal. Whatever the specific procedures, though, most schools allow you to challenge the outcome, the sanction, or both. The one commonality is that the process for doing so is never easy. This is yet another reason why it can be so important to have Joseph D. Lento and his Education Law Team on your side.
Academic Sanctions
Academic integrity violations don't always warrant a serious sanction. Many universities and instructors believe it's better to educate rather than merely punish, especially for first offenses that seem caused by innocent mistakes. A professor might simply sit down with you and explain what you did wrong and how to correct it. Or, they might assign an educational exercise on the nature of plagiarism or cheating.
On the other hand, there are schools out there that recommend instructors fail any student caught cheating. A few micromanage to the point where every conceivable offense comes with its own individual sanction.
For the most part, though, schools usually recommend a range of sanctions and allow instructors to decide for themselves what is most appropriate. The possibilities might include:
- Verbal warning
- Written warning
- Makeup assignment or re-submission
- Educational assignment on the nature of academic dishonesty
- Lowered grade on the assignment in question, up to a zero
- Lowered grade in the course, up to an F
This is where having an advocate can make all the difference. Joseph D. Lento and his Education Law Team can be crucial in negotiating a fair sanction.
Further Sanctions
No matter how classroom discipline is dispensed at your school, you can expect that as part of your process, your instructor will be required to report any suspected violations to a central college or university authority, such as a dean or a committee on integrity. Why? Simple: the school wants to keep track of all violations so that it can punish repeat and especially egregious offenses with stronger sanctions.
Those more serious sanctions generally come in three types.
- If you're lucky, you'll find yourself on academic probation, one step from being dismissed but with no other immediate consequences assuming you don't commit any further violations.
- You can also be suspended, of course, for academic dishonesty. Most suspensions last either one semester or a full academic year, and you're typically required to go through a petition process to gain readmission.
- Of course, you can also be outright dismissed from the university.
Probation, suspension, and dismissal often include a transcript notation about the nature of your offense. Such a notation can make it difficult, if not impossible to transfer to another school. In short, a serious academic misconduct offense can spell the end of your academic career. This is one reason why is so critical to hire someone from the Lento Law Firm. Everything is on the line.
You should also know that there are instances when schools discover cheating after the fact and choose to revoke a student's degree. Just because you've graduated doesn't mean you're necessarily safe from a charge of academic misconduct.
Adjudication Processes
Your school may have procedures in place for defending yourself from any academic misconduct charge, but it will almost certainly allow you a hearing if you are facing suspension or expulsion. What does that process look like? Every school is different, but here's what you can expect generally.
- A decision maker or panel of decision makers will preside over the case.
- Both sides will have an opportunity to make arguments, offer evidence, and call witnesses. Often, however, the decision makers are the only ones allowed to actually ask the questions.
- You may be allowed to select an advisor to help you prepare your case. Some schools will even allow you to choose an attorney as an advisor. However, your advisor will probably not be able to speak for you at the hearing. In any case, even if you aren't allowed to bring Attorney Joseph D. Lento or a member of his team to your hearing, you should always consult with them before any judicial procedures.
- At the conclusion of the hearing, the decision maker deliberate as to your level of responsibility. Typically, they do this using a legal standard known as “preponderance of the evidence.” Far less strict than “beyond a reasonable doubt,” this standard basically requires they find you responsible if they believe it is “more likely than not” that you committed an offense.
- Finally, the decision makers are also typically tasked with coming up with an appropriate sanction if necessary.
Here again, you will likely have an opportunity to appeal the hearing outcome. However, most schools place limitations on the grounds for appeal. These might include new evidence, a procedural error, or a sanction that is disproportionate to the offense.
Dealing With an Accusation
Up to this point, we've focused a good bit on how colleges and universities react to academic misconduct allegations. How should you react, though? What can you do to protect yourself and give yourself the best possible chance of proving your innocence?
- First, be reasonable. If an instructor should confront you with an accusation of cheating or plagiarism, keep a cool head. Don't get upset, don't raise your voice, and certainly don't make threats. These actions can be used against you and can even result in more charges.
- Listen thoughtfully and ask questions. If you're at all unsure about what to say, let them know you understand the accusations and that you'd like time to consider what they've said.
- Don't talk to others about the allegation. At best, you can contaminate the judicial process. At worst, you can violate policy and wind up with an additional charge.
- Write down your version of events. As soon as you know you're facing an allegation, take time to write down exactly what happened from your perspective. It is important to get these thoughts down while they are still fresh.
- Collect evidence. In most academic misconduct cases, there will be some documentary evidence. You may or may not have direct access to that evidence. Make sure you hang on to anything you can, though, since it could be essential in proving your innocence.
- Know the procedures. Find out exactly what the process is for defending yourself at your university.
Of course, your most important action in the wake of an allegation should be to contact Attorney Joseph D. Lento and his Education Law Team to seek advice. That's true even if your school tells you you cannot be represented by an attorney. That means an attorney can't accompany you to meetings and proceedings, but it does not bar you from consulting with someone from the Lento Law Firm about your case.
Attorney Joseph D. Lento and his Student Defense Team can help you come up with a strategy, work with you to collect evidence, even coach you on how to conduct yourself at interviews and hearings. You never want to try and take on your school all on your own.
Building a Defense
There are a number of possible defenses to a charge of academic misconduct. Even if you feel you may have violated the rules in some way, there may be extenuating circumstances that mitigate your level of responsibility. For instance, you might argue
- The rules weren't clear
- The rules are too extreme
- You made an innocent mistake
- Your instructor misinterpreted your work
- Your instructor's sanctions are too harsh
- The research component of an assignment requires you to include lots of third-party materials
- The instructions for an online assignment didn't specify what resources you could use
- Your answers match another student's because you studied together
- You used tutoring or a peer review process as part of your drafting
It's always better, then, to consult an attorney before you admit to anything.
Of course, while there are many potential defenses to a charge of academic dishonesty, the right defense will depend on your particular situation. Attorney Joseph D. Lento and his team know all the many strategies you can employ in such cases and can help you determine which one is right for you.
Choosing the Right Representation
If you've been paying attention up to this point, you probably have a pretty good idea of why it can be so important to have an attorney-advisor in an academic misconduct case. They may be able to represent you at meetings and hearings, but even if they can't, they can be vital in preparing your case. They can help you develop a defense strategy, help you develop questions for witnesses, even work with you to draft case documents.
Not just any attorney will do, though. Most local or family attorneys don't understand the nuances of university judicial procedures. Worse, they may believe that because you're dealing with a “campus violation” the situation is not as serious as it would be if you had broken a law. The fact is, an academic misconduct allegation can do permanent damage not just to your college career but to your professional reputation. You need someone on your side who understands how universities operate, who has experience with campus judicial procedures, and who knows how to talk to faculty and administrators.
You need Joseph D. Lento and his team of Education Law professionals. They get it. They know the law; they know what's at stake. The Lento Law firm has represented hundreds of students just like you, helping them deal with a wide range of charges, from simple plagiarism to high-tech cheating scandals. They know how the process on your campus works. They know who to talk to and what to say. Most importantly, they're on your side no matter what. They understand that universities have become too extreme in their policies in recent years, and they're determined to make sure your school doesn't ignore your fundamental rights.
To find out more about what the Law Offices of Joseph D. Lento can do for you, contact the Lento Law Firm today, at 888-555-3686, or use our, or use our automated online form.
