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Calling law school grads/academics/everyone--urgent help.

Indylady

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A close friend of mine has been accused of cheating on an exam. The funny thing--it was an open book, open note exam. The only things banned were commercial supplements and digital notes. The accuser says that she saw another open document below the exam document on my friend's screen--my friend says that she did not cheat, and I wholeheartedly believe her. The accuser did not even sit behind her during the exam, but did stalk back and forth behind her seat 5 times to use the restroom (even though she was sitting in an aisle seat, she walked back across the whole row to use the opposite aisle). Its a case of he-said, she-said, but it will be going to a student conduct review board regardless--the accuser is adamant that it does and will follow it through to that point; if found guilty of a violation, my friend (a law student in her last year) will not graduate on time, will have to repeat the course, will have to postpone the bar exam by 6 months, and most importantly--will have a note sent to the state bar about the violation which will impact her chance of passing the bar and becoming a licensed attorney (students must pass character and fitness to pass the bar). There is no software on the computer that will corroborate either student.

Has anyone gone through such a proceeding, or know someone that has? Has anyone been on a similar board (I believe its comprised on students and professors)? Does anyone have any advice at all? Does anyone know of a lawyer that deals with student conduct issues? She is inconsolable; does anyone have advice?

Please avoid discussing the ethics of cheating; I'd love any and all practical advice you might have for me, but I am so drained from being by her side for the past few days that I will not be able to handle adversarial comments that I would generally find to be thought-provoking and interesting--though I'm sorry to make such a request, I just think that I cannot handle it right now :blackeye:

Anything would be so greatly appreciated. Thank you all in advance.
 

JulieN

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Re: Calling law school grads/academics/everyone--urgent help

Yes, she needs her own lawyer. This might not end well.
 

TooPatient

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Re: Calling law school grads/academics/everyone--urgent help

How awful!

I'm not an attorney or had experience with anything like that, but wanted to suggest that she also talk to a computer person (maybe even instructor at her school?). There may be a way to go back through hidden files and other such things on her computer to show what she had open at that time. A lot of information is stored in places you have to know how to find.

Would they allow her to re-take the exam with close supervision to prove that she is capable of doing so without any of the banned material?


So.....
If the accuser was walking past looking over the shoulders of other students at their exams, wouldn't that be considered cheating?
 

Indylady

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Re: Calling law school grads/academics/everyone--urgent help

Julie, I think you're right.

TooPatient|1386920962|3573464 said:
How awful!

I'm not an attorney or had experience with anything like that, but wanted to suggest that she also talk to a computer person (maybe even instructor at her school?). There may be a way to go back through hidden files and other such things on her computer to show what she had open at that time. A lot of information is stored in places you have to know how to find.

Would they allow her to re-take the exam with close supervision to prove that she is capable of doing so without any of the banned material?


So.....
If the accuser was walking past looking over the shoulders of other students at their exams, wouldn't that be considered cheating?

They won't allow her to take the exam again; I also don't think they'll use a technical person to look at her laptop, so I wish that it were possible--the hearing probably won't happen for a few weeks at least and no one has asked for her laptop, so I really think that hard evidence isn't even part of the discussion.

I do think its incredibly strange/similar to cheating to look at others computers as you walk to the bathroom, especially to the point of noting what is on the screen. Very much so. But, if anyone brings a counter claim, I'm guessing it will just look retributive and wouldn't help. Maybe someone else in that row could, but it seems like a long shot especially since she filed a complaint first.
 

Circe

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Re: Calling law school grads/academics/everyone--urgent help

Wait, so this wasn't even a proctor? I don't think it will stick. Somebody with a UTI and a bad case of Gladys Kravitz-itis would not constitute proof at a reputable university.
 

canuk-gal

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Re: Calling law school grads/academics/everyone--urgent help

HI:

Was your friend able to finish the exam?

Did the student report this to the proctor? If not why not?

I agree with getting some sort of representation--lawyer, advocate, etc.

cheers--Sharon
 

liaerfbv

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Re: Calling law school grads/academics/everyone--urgent help

JulieN|1386920793|3573462 said:
Yes, she needs her own lawyer. This might not end well.

100%. I work in the legal field and allegations of cheating are not something to mess around with.
 

TooPatient

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Re: Calling law school grads/academics/everyone--urgent help

IndyLady|1386924459|3573471 said:
Julie, I think you're right.

TooPatient|1386920962|3573464 said:
How awful!

I'm not an attorney or had experience with anything like that, but wanted to suggest that she also talk to a computer person (maybe even instructor at her school?). There may be a way to go back through hidden files and other such things on her computer to show what she had open at that time. A lot of information is stored in places you have to know how to find.

Would they allow her to re-take the exam with close supervision to prove that she is capable of doing so without any of the banned material?


So.....
If the accuser was walking past looking over the shoulders of other students at their exams, wouldn't that be considered cheating?

They won't allow her to take the exam again; I also don't think they'll use a technical person to look at her laptop, so I wish that it were possible--the hearing probably won't happen for a few weeks at least and no one has asked for her laptop, so I really think that hard evidence isn't even part of the discussion.

I do think its incredibly strange/similar to cheating to look at others computers as you walk to the bathroom, especially to the point of noting what is on the screen. Very much so. But, if anyone brings a counter claim, I'm guessing it will just look retributive and wouldn't help. Maybe someone else in that row could, but it seems like a long shot especially since she filed a complaint first.


Talked with DH about this last night. He says that a computer doesn't log what you have open unless you set it up that way. Some programs and files will tell you the last time it was opened, but that wouldn't do her much good. (I did learn how to bypass a password to get into a computer system and dig out the hidden files to see what was downloaded off the internet and a history of websites visited :bigsmile: -- not so useful in this case though!)

I agree that bringing in a counter-complaint would just lead to even more problems for your friend.

She needs an attorney! If you have a good attorney you work with, they should be able to point you to someone who can help.

Is there any reason for that girl to make these accusations? Are they in the top spots in the class and by making this accusation she'll move up a bit? Did one date someone the other was interested in?
If there is some reason for this girl to lie, that is something that should be passed on to the attorney.

DH's theory is that the accuser was actually cheating and needed to do something like this to distract attention from themselves. (like maybe your friend walked by and this person was afraid they'd been caught so make the accusation before the other person can)



Good luck to her!
School is hard enough without nasty stuff like this to deal with :nono:
 

Circe

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Re: Calling law school grads/academics/everyone--urgent help

I'm going to add something to my earlier statement, having checked with a colleague who attended different schools - all of ours have had honors codes, and between the two of us we've got four Ivys, two city universities, and one state university (counting both being enrolled and being employed).

How the hell did Accusing Student go to the bathroom 5 times without being reprimanded? If I'm proctoring an exam, the second time someone gets up, I'm stopping them to see if they need a nurse, and if they say no, "gently encouraging" them not to do it again. Sure, food poisoning, gastritis, IBS all happen, but if it's a sudden emergency, you should probably be seeking a make-up exam, and if it's a chronic condition, you should have something on file with the office of student disabilities.

Something about this whole scenario is deeply weird. I second the suggestion above that Accusing Student be checked for ulterior motives and/or personality disorders, as well as the one that your friend may want somebody on retainer, just in case her school's Honors Board is on the nitrous that day ... but I also think she should take some deep breaths here and realize that the odds are very, very good that the board is going to think this is laughable bordering on disturbing (because Accusing Student is insane), and dismiss them both with slaps on the wrist, Accusing Student for bringing a false accusation and your friend for ... having the bad luck of attracting her, I suppose. If they were to penalize her for an unprovable thing like this, damaging her future career, I can only imagine the outcry.
 

marymm

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Re: Calling law school grads/academics/everyone--urgent help

This is law school - I would recommend your friend read her school's Honor Code thoroughly, especially with regard to Academic Dishonesty/Sanctions and Procedures.

Depending on the hearing outcome, Academic Dishonesty charges can result in a determination that no act of academic dishonesty has occurred, or an Infraction has occurred, or a Serious Violation has occurred. Usually the Honor Code will define Serious Violation something like: "A serious violation requires that the student have acted with a minimum culpability of recklessness as defined in the Model Penal Code."

I would also recommend, if she hasn't already, your friend write out in declaration form a step-by-step chronology of what she did/opened/arranged at her test-taking station from the time she sat down until the test was concluded (or the accusation made), whenever she stopped taking the test.

She likely was given written notice of the charge against her and the form of the scheduled hearing - to the extent she can use this information to bolster her defense, she should do so. If procedurally she is not proscribed from doing so, she should present her chronology to the Hearing Committee; similarly, she may also wish to obtain and present character references from other law professors and/or employers.
 

minousbijoux

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Re: Calling law school grads/academics/everyone--urgent help

Circe|1386949677|3573603 said:
I'm going to add something to my earlier statement, having checked with a colleague who attended different schools - all of ours have had honors codes, and between the two of us we've got four Ivys, two city universities, and one state university (counting both being enrolled and being employed).

How the hell did Accusing Student go to the bathroom 5 times without being reprimanded? If I'm proctoring an exam, the second time someone gets up, I'm stopping them to see if they need a nurse, and if they say no, "gently encouraging" them not to do it again. Sure, food poisoning, gastritis, IBS all happen, but if it's a sudden emergency, you should probably be seeking a make-up exam, and if it's a chronic condition, you should have something on file with the office of student disabilities.

Something about this whole scenario is deeply weird. I second the suggestion above that Accusing Student be checked for ulterior motives and/or personality disorders, as well as the one that your friend may want somebody on retainer, just in case her school's Honors Board is on the nitrous that day ... but I also think she should take some deep breaths here and realize that the odds are very, very good that the board is going to think this is laughable bordering on disturbing (because Accusing Student is insane), and dismiss them both with slaps on the wrist, Accusing Student for bringing a false accusation and your friend for ... having the bad luck of attracting her, I suppose. If they were to penalize her for an unprovable thing like this, damaging her future career, I can only imagine the outcry.

Well said, Circe. Indylady, I'm sorry your friend has to go through this. I too am shocked that another test taking student could walk repeatedly by (five trips means 10 time walking behind your friend, correct?) closely enough as to somehow be able to determine that two different documents - one not allowed - were open. Either she was close enough to see content - that is not a huge red flag to the administrators? - or she was not. They have to figure this out and take it seriously.
 

Indylady

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Re: Calling law school grads/academics/everyone--urgent help

Circe|1386949677|3573603 said:
I'm going to add something to my earlier statement, having checked with a colleague who attended different schools - all of ours have had honors codes, and between the two of us we've got four Ivys, two city universities, and one state university (counting both being enrolled and being employed).

How the hell did Accusing Student go to the bathroom 5 times without being reprimanded? If I'm proctoring an exam, the second time someone gets up, I'm stopping them to see if they need a nurse, and if they say no, "gently encouraging" them not to do it again. Sure, food poisoning, gastritis, IBS all happen, but if it's a sudden emergency, you should probably be seeking a make-up exam, and if it's a chronic condition, you should have something on file with the office of student disabilities.

Something about this whole scenario is deeply weird. I second the suggestion above that Accusing Student be checked for ulterior motives and/or personality disorders, as well as the one that your friend may want somebody on retainer, just in case her school's Honors Board is on the nitrous that day ... but I also think she should take some deep breaths here and realize that the odds are very, very good that the board is going to think this is laughable bordering on disturbing (because Accusing Student is insane), and dismiss them both with slaps on the wrist, Accusing Student for bringing a false accusation and your friend for ... having the bad luck of attracting her, I suppose. If they were to penalize her for an unprovable thing like this, damaging her future career, I can only imagine the outcry.

There's no proctor at all. 30 or so students in a huge lecture hall, no proctor. It was deeply weird--she didn't even know the girls name before the complaint. The rumor is that she is not happy with her law school experience, and has not done particularly well in school. Those facts are not particularly dispositive, but, perhaps she's interested in making a point or a scene. That's all I can think of--they don't even know each other, or at least, my friend didn't know anything about her or even her name.
 

Indylady

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Re: Calling law school grads/academics/everyone--urgent help

Canuk, Liaer, TooPatient, Mary, Minou, and Circe, thank you! I also hope that it will not stand, but there is just so much to lose that its still a very stressful situation.
 

Indylady

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Re: Calling law school grads/academics/everyone--urgent help

marymm|1386950590|3573614 said:
This is law school - I would recommend your friend read her school's Honor Code thoroughly, especially with regard to Academic Dishonesty/Sanctions and Procedures.

Depending on the hearing outcome, Academic Dishonesty charges can result in a determination that no act of academic dishonesty has occurred, or an Infraction has occurred, or a Serious Violation has occurred. Usually the Honor Code will define Serious Violation something like: "A serious violation requires that the student have acted with a minimum culpability of recklessness as defined in the Model Penal Code."

I would also recommend, if she hasn't already, your friend write out in declaration form a step-by-step chronology of what she did/opened/arranged at her test-taking station from the time she sat down until the test was concluded (or the accusation made), whenever she stopped taking the test.

She likely was given written notice of the charge against her and the form of the scheduled hearing - to the extent she can use this information to bolster her defense, she should do so. If procedurally she is not proscribed from doing so, she should present her chronology to the Hearing Committee; similarly, she may also wish to obtain and present character references from other law professors and/or employers.

Character references are an incredibly good idea, thank you. I really had not thought of that. A declaration is also a very good idea. Thank you so much!
 

Bunny007

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Re: Calling law school grads/academics/everyone--urgent help

She should make a counterclaim against her accuser. Sure, it looks retaliatory but it's not without merit and it's the only way to gain leverage over the sole (adversarial) witness. And there would be little for your friend to prove since the accuser has admitted that she looked closely at your friend's computer screen.

This maneuver (retaliation) is common in legal practice. In the end, we're talking about law school and a panel of professors/lawyers, so I wouldn't worry about how it appears (in that respect).
 

pregcurious

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Re: Calling law school grads/academics/everyone--urgent help

I have served as a peer (student) representative on a university disciplinary board. Without any evidence, I do not think it is reasonable to take any action, or even put anything in your friend's record. I would be interested in the relationship between the accuser and accused. I a also think it's very strange that the accuser was even starring at your friend's computer screen, and went to the bathroom FIVE times. It is not unusual (in my experience) for cases like this to lead to problems for the _accuser_.

Your friend should not file a counterclaim. To me, it would just look petty, and also give a bad impression of your friend's character. That is the last thing she wants. If she wants to make a claim against the accuser, I think she should do it _after_ she gets off. Your friend should just stick to the facts, and allow her emotions (shock, anger at the injustice/lying) to show through.

It might help if your friend has letters from people who can attest to her character. If she has known a professor for a long time, or has a mentor at the school, a letter may be helpful. She may want to consider getting a letter from her previous undergraduate school that she has no record of ever cheating. The Dean of Undergraduate Affairs at her undergraduate school should be able to help with this. She could also get signatures from all the 28 other students that they did not notice anything unusual about your friend during the test. Witness accounts always help.

If your friend is telling the truth, I think she will be fine. I served on a disciplinary committee and we never took action without evidence. The school has to be able to stand behind their decision, and they cannot reasonably take a disciplinary action without evidence; if they did, they would probably get sued in civil court.
 

Indylady

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Re: Calling law school grads/academics/everyone--urgent help

Thank you so much Bunny and Preg!

Bunny--we thought of the same, but I'm thinking that it might just make my friend look worse, even though this other girl obviously admitted to looking at the others laptop screens as she paced the aisles.

Preg--I will absolutely suggest both. There is really no proof--the incredibly frustrating part about this whole ordeal is that the exam was open book and open note anyway. There is simply no reason at all or really a way to cheat unless you are using the internet, which was turned off for the exam anyway and not what is alleged anyway. There is no existing relationship, but the incredibly strange part is how adamant this girl is that she pursue the case to the conduct board. She doesn't just want to make a complaint (she already did)--she wants to see that it goes to the board, which is a big affair that will take at least two more months to go through, and requires that the decision is made by a separate campus entity (not the law school). Perhaps it will make her look bad; the intensity is the absolute strangest part.
 

sonnyjane

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Re: Calling law school grads/academics/everyone--urgent help

Good luck to her! I have to believe that if she gets several positive character references, there's no proof that she WAS cheating other than the witness' account, and if she stresses that it was open book and open note and therefore wouldn't have any need to have additional materials that she will be vindicated.
 

Kaleigh

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Re: Calling law school grads/academics/everyone--urgent help

I think he/she had a problem with your friend. What's the next step for your friend.. Was an open book test... Hope all goes well... :read:
 

vr4_rider

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Re: Calling law school grads/academics/everyone--urgent help

I don't get it…she's a law student; don't they teach "innocent until proven guilty"? And in order to be proven guilty, you need evidence? Where's the evidence? Hearsay is not evidence. I dunno, that's just me think aloud.
 

House Cat

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Re: Calling law school grads/academics/everyone--urgent help

The girl will probably say she went to the bathroom so many times in order to pass by your friend's desk to confirm the cheating. :rolleyes:
 

VapidLapid

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Re: Calling law school grads/academics/everyone--urgent help

I say the whole thing is hogwash. If "A" has a window open on her laptop, and another window open, but underneath, how can passer-by "P" see the content of the hidden window? Especially so if "P" has a bladder emergency and neither the time nor attention to browse her fellow students' exams. Further I think that "P" may need the lawyer since she has admitted to reading another students exam.
 

minousbijoux

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Re: Calling law school grads/academics/everyone--urgent help

VapidLapid|1387075821|3574465 said:
I say the whole thing is hogwash. If "A" has a window open on her laptop, and another window open, but underneath, how can passer-by "P" see the content of the hidden window? Especially so if "P" has a bladder emergency and neither the time nor attention to browse her fellow students' exams. Further I think that "P" may need the lawyer since she has admitted to reading another students exam.

As always, funny and illuminating at once, VL!
 
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