The impact of being accused of any form of academic dishonesty can be tremendously soul-crushing, and even more so for the students when they are innocent. A student not only loses his or her reputation because of cheating allegations, but also suffers from severe academic, career-related, and other associated consequences as well. However, there are some remedies for such students and in certain cases legal remedies as well.
What Does The Accusation Include?
Most if not all colleges and universities have a formal system for dealing with a violation of the honor code or any other academic honesty policy. In most cases, this involves:
- A reporting faculty member
- An academic integrity committee adjudicating the matter
- Disciplinary hearing or a meeting with a dean
Even if it looks like the manner is informal at the initial stages, the outcomes can be very dire starting from a zero grade on the assignment for the student to suspension or even expulsion from the college or university
Know Your Rights
Normally, students have the right to:
- Be informed of the allegations
- Review the evidence
- Present their side of the story
- Be accompanied by an advisor or advocate
- Appeal the decision
These procedures are known as due process and not following them may lead to legal implications.
Common Legal Grounds
Although not taking legal action does not always lead to a lawsuit, there are certain circumstances where students might want to pursue legal action such as:
1. Breach Of Contract
A student enrolling to a college or university is viewed as entering a contractual agreement with the institution. If a school does not adhere to its own defined disciplinary policies or does not treat a student adequately, it poses the threat of breach of contract.
2. Violation Of Due Process
Enrollment at a public institution bestows students with constitutional due process rights. If a particular institution does not allow a student to defend or respond to allegations made against them, this becomes a legal matter.
3. Defamation
If the public allegation of cheating harms a student’s reputation, identity or any other attribute such student may pursue claims for defamation, especially if proven false.
4. Discrimination
If a student feels that they were victimized because of their race, gender, disability, or any other class of discrimination, then it is possible that anti-discrimination laws like Title IX or the ADA apply.
Legal Assistance And Advocacy
In the event of a wrongful accusation, it is best to seek advice immediately. Education law professionals assist in navigating the complication of student disciplinary processes. They provide:
- Guidance on how to deal with the allegations, strategically tailored to them.
- Hearing prep assistance
- Appeals for adjudicative decisions rendered worthy of contesting
- Legal action representation when deemed essential
In many cases, making it seem as though legal counsel will be involved in the proceedings boosts the likelihood of achieving a better outcome even before entering trial court.
Final Thoughts
Cheating allegations can negatively impact your academic journey, however, there are ways to navigate through them. Knowing your rights and having adequate backing can change the course of the situation. It does not matter whether you pursue the matter informally within the institution or prefer to take legal steps, either way, safeguarding your reputation and mitigating potential damage is critical.
Brought to you with the support of K Altman Law. When you need a knowledgeable university lawyer, their team stands ready to provide expert legal guidance and defense.