In the State of California, there are over 281 higher education universities. They range from public schools and performance arts schools to private schools, public and private colleges and vocational schools. California’s esteemed higher education landscape, housing a plethora of prestigious universities and colleges, is upheld by stringent policies meticulously crafted to safeguard academic integrity and ethical standards among students.
Oftentimes, students are not aware of the strict policies governing them while at school, which can lead to the questioning of a student’s academic honesty. Academic dishonesty can include a range of topics such as plagiarism, cheating on exams, and unbeknownst to many students, it can even include reuse of your own work.
A student charged with academic dishonesty can face consequences such as suspension, probation, failure of a class, or, in the worst case, dismissal.
In this blog, our team of California student defense attorneys is to help students be better prepared when facing an accusation of academic dishonesty.
Understanding Academic Dishonesty in California
Academic dishonesty encompasses a range of actions that violate the integrity of the educational process. Common examples of academic dishonesty include:
- Plagiarism: Using someone else’s work or ideas without proper attribution. This can include copying and pasting text, paraphrasing without citing the source, or even using another student’s work as your own.
- Cheating: Engaging in any form of unauthorized assistance during an exam or assignment. This might involve using cheat sheets, copying from another student, or accessing prohibited materials during a test.
- Unauthorized Collaboration: Working with others on an assignment when it’s meant to be an individual effort.
- Fabrication: Inventing or falsifying information or data for an assignment or research project.
- Facilitating Academic Dishonesty: Helping another student engage in any of the above actions.
When a student is accused of academic dishonesty, schools typically initiate an investigation. This may involve gathering evidence, interviewing witnesses, and reviewing the student’s work. If the investigation finds evidence of misconduct, the student may face a disciplinary hearing where they have the opportunity to present their case.
Potential sanctions for academic dishonesty can range from a failing grade on the assignment to suspension or even expulsion.
Your Rights as a California Student
Even when facing serious allegations like academic dishonesty, it’s important to remember that you have rights as a student. Schools are obligated to provide you with due process, which means you’re entitled to fair treatment throughout the disciplinary process. This includes:
- Being informed of the specific charges against you.
- Having the opportunity to review the evidence.
- Presenting your own evidence and witnesses at a hearing.
- Being represented by an advisor or attorney.
It’s crucial to understand that the burden of proof lies with the school. They must provide sufficient evidence to support the charges against you. You have the right to challenge the evidence and present your own defense.
Remember, you are innocent until proven guilty. Having an experienced student defense attorney by your side can help ensure that your rights are protected and that you receive a fair hearing.
What Happens When You’re Facing an Academic Dishonesty Accusation?
Informal Resolution Meetings often occur when a student is charged with academic dishonesty.
Generally, Informal Resolution Meetings do not have specific procedural rules on how they are to be conducted, such as a standard of proof, right to call witnesses or present evidence.
Most of the time, this is an opportunity the investigator allows you to make your case and present additional information. The goal is to hopefully come to a resolution that everybody can agree upon.
If an agreement cannot be made, then the investigator will notify the Independent Hearing Officer, and the case will have to go forward with a formal hearing.
What Do You Need For an Informal Resolution Meeting?
For the purposes of the Informal Resolution Meeting, you will need to be prepared to:
- Give a statement regarding the work you did to complete the project and walk the Case Resolution Manager through the steps of your work as if you are doing the projects again.
- Provide any documentary evidence of your work on the projects that you still have.
- Explain any inconsistencies or provide reasonable explanations of why the evidence does not support that you did anything wrong.
- Discuss your position on your willingness to take the proposed resolution plan and the details of the plan.
During a meeting like this, you can anticipate that the administration will have questions for you regarding an explanation as to why your projects were flagged for possible academic misconduct. It is critical to prepare a suitable explanation as to why the flag may have occurred detailing the legitimacy of your work.
Depending on the person, the Case Resolution Manager may not be neutral, which can start to feel like personal attacks or character misjudgments. While your attitude and demeanor should not be a major factor in these types of decisions, unfortunately it does have some impact.
While it is important to defend yourself, it is best to do it in a calm and collected manner. If, at any point, you start to feel emotional, feel free to ask for a short break.
Oftentimes, during an informal resolution meeting, there will be a series of disciplinary actions offered based on the resolution of the meeting. This can include things such as a reported or non-reported warning, request to prepare a reflective activity such as taking additional online training, writing a letter of reflection, and/or meeting with an advisor regularly for a specified period of time. The details of the reflective activity should be discussed during the meeting.
If an informal resolution plan is agreed upon it is important to note that you may be warned that you cannot have any further misconduct issues for a specific period of time, not only limited to academic misconduct or cheating.
Additionally, if a resolution plan is agreed to during a meeting, the student would be admitting guilt to the academic misconduct allegations and will not be able to appeal this decision.
Alternatively, if you do not agree with the resolution agreement, or want to admit guilt, the case will have to go through a formal hearing before a panel.
This would provide you the opportunity to present evidence, request witnesses, and to address the panel. The panel has the authority to determine responsibility and makes recommendations as to appropriate sanctions to the Dean, if the student is found responsible. The panel may consider the school’s proposed resolution plan, but they are not bound by it and, if found responsible, may recommend lighter or harsher sanctions.
You do have the right to appeal any findings from the hearing, but only on the limited grounds of new evidence, significant procedural error, or good cause.
Contact Our California Student Defense Team Today
We urge students facing academic misconduct to consult with a lawyer when facing charges of academic dishonesty, as the outcomes of informal or formal disciplinary proceedings may have a great affect on your academic record and future. Please reach out to us with any questions you may have at 310-340-7292.
