Your Legal Rights and Responsibilities Regarding Cheating


	Your Legal Rights and Responsibilities

There are three things you can do to combat cheating:

Prevent cheating

Negotiate with students you suspect of cheating

Report students you suspect of cheating

There is one thing you may not do to combat cheating:

Grade a student down for cheating.

Negotiate with Students Suspected of Cheating

You may tell a student that you suspect they are cheating and provide them with multiple options (including accepting a zero as a grade) as long as you make it clear to the student that they have the right to due process.
The more severe the options you give the students, the more chances you have of being accused of denying a student his/her rights to due process.

Examples of Negotiating Options

Example One: The options you give the student do not result in his/her failing the course or seriously undermine their grade in the course.

Professor:
I noticed that this paper doesn't look at all like previous work I've seen you produce. In fact, it looks quite a bit like a paper I wrote back in 1992. I'm going to give you three options.

Redo this assignment and hand it in.
Drop this assignment and let your grade be determined by the average of your remaining course work.
We can report this to the Dean's Representative and let a review committee decide if cheating actually did occur or not. If they decide in your favor, you receive full credit for the paper. If they decide against you, your grade for the specific assignment will be lowered and you will receive whatever other sanctions they impose.

Example Two: The options you give the student do not result in his/her failing the course but could seriously undermine his/her grade in the course.

Professor:
I noticed your answers are exactly the same as the person who was sitting next to you and you were witnessed looking over at your neighbor's paper a number of times during the hour. I suspect you of cheating. Here are your options:

You can accept a zero on this exam and refrain from any other cheating in this class. If you do well enough on the five other unit exams you should still pass the course with no problem.
We can report this to the Dean's Representative and let a review committee decide if cheating actually did occur or not. If they decide in your favor, you receive full credit for the exam. If they decide against you, your grade for this specific assignment will be lowered and you will receive whatever other sanctions they impose.

Example Three: The options you give the student could cause him/her to fail the course.

Professor:
It is clear to me that you have fabricated the results of your marketing research project for this course. (The research project counts for 60% of the course grade.) Here are your options:

I can give you a zero on this project.
We can report this to the Dean's Representative and let a review committee decide if cheating actually did occur or not. If they decide in your favor, you receive full credit for the project. If they decide against you, you will receive a zero on this project and whatever other sanctions they impose.

Example Four: You do not provide the student with options, choosing instead to refer the matter directly to the Dean's Representative.

Professor:
There is evidence that you may have plagiarized your final paper. I have decided to suspend my judgment on the matter and refer the case directly to the Dean's Representative.

I will submit an "X" as your temporary grade for the course. If you are found innocent, I will provide you with the grade you earned on the assignment and factor that into your final grade for the course.
If you are found responsible, I will give you a zero for the assignment and factor that into your final grade for the course.

Because the option of going through a formal disciplinary hearing may sound threatening (even if the student does not believe s/he has cheated), instructors should be careful not to impose sanctions without the concurrence of the student. This can be avoided by deferring judgment in cases where facts are in dispute. These cases should be referred directly to the Dean's Representative. Although this may delay the resolution by several weeks, proper due process will be assured.

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