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  1. #1
    Join Date
    Jun 2016
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    4

    Default What Evidence Does a School Need to Accuse Students of Cheating

    My question involves education law in the State of: NJ

    Teacher stepped out during 5 minute class break to talk on phone. A classmate took pics of the exam that was on his desk. Everyone saw, 75% of class has the exam and some don't.

    Questions:

    In the event the teacher somehow finds out and accuses her, is there anything he can prove if she has no hard copy/physical/tangible evidence of exam on her property (phone,laptop,etc)?

    What defense does she have in order to when proving the teacher she has nothing on her? Ex: basically make teacher feel bad and no longer further investigate, false accusation lawsuit (intimidation). I doubt she will actually sue but might say.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Accused of Cheating but No Evidence

    You want help in potentially ruining someone's career?

    Really?

  3. #3
    Join Date
    Jun 2016
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    4

    Default Re: Accused of Cheating but No Evidence

    What? No. I ain't failing this shit, Im just trying to help her out because she is nervous that those who turned down the exam might snitch on her. Preparing for the worst

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Accused of Cheating but No Evidence

    They don't need ANY evidence to ACCUSE someone of cheating, and not a whole lot to take some action.

    Is this college or high school? If college, this can result in one or more students - including those who knew about it - being in violation of codes of conduct and getting expelled.

    If word gets out about the tainted exam (and I sure as heck hope it does!) then the school should, at the very least, throw out the exam and make the class take another one.

    And if anyone tries to coerce the teacher to avoid taking the right and MORAL action, well, that's one lousy SOB I hope gets their come uppance in the world.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Nov 2013
    Posts
    6,890

    Default Re: Accused of Cheating but No Evidence

    How convenient that the teacher goes out of the room and leaves the exam on the desk. Think about that. If you were taking that exam that day, it really doesn't matter. If you are to still take the exam then of course it matters. The teacher will know who got the test based on the results and what students had unusual results from their norm.

    But don't be suppressed if you receive an exam completely different from the one your friend photographed.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,394

    Default Re: Accused of Cheating but No Evidence

    Quote Quoting heavystorm
    View Post
    What? No. I ain't failing this shit, Im just trying to help her out because she is nervous that those who turned down the exam might snitch on her. Preparing for the worst
    So your suggestion is to sue the teacher, even though the teacher will be absolutely right and your "friend" is a lying cheat.

    I see.


    What defense does she have in order to when proving the teacher she has nothing on her? Ex: basically make teacher feel bad and no longer further investigate, false accusation lawsuit (intimidation). I doubt she will actually sue but might say.


    She has no defense. It's not true that the teacher has nothing on her. Your lying cheat of a friend would still be lying and cheating to save her own hide. Why do you want to help someone like that?

  7. #7
    Join Date
    Sep 2013
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    312

    Default Re: Accused of Cheating but No Evidence

    This is a free legal-help forum.

    Not a "I broke the law, how can I get away with it" forum.

  8. #8
    Join Date
    Jul 2016
    Posts
    26

    Default Re: Accused of Cheating but No Evidence

    I was suspected of cheating once. I had to prove beyond a reasonable doubt I was innocent. I pointed out tons of circumstantial evidence of my innocence, but the professor kept say, "Yeah, but it is possible you could have foreseen all this too and gone out of your way to set that up that way to defend yourself later." All I could do was ask my professor to wait a week for me to think of better evidence. She did. I found the proof, a mistake in how I did one of the problems that could only have been made by my finding a different wrong pattern in an example in the book, proving I had used the book. Had I gotten a 100% on that assignment, she would have failed me. Instead, I got the 80% I deserved.

    That incident made me seriously reconsider the cost benefit ratio of continuing for a second degree. Why spend all that time and effort if it can be taken away in a flash? Better to get experience on the job and get paid.

    As for the teacher, simply having a few witnesses from students is all she needs. Preponderance of evidence at most. She can easily get the other students to rat out the cheater, too. There are simple ways to make them talk, if the teach is smart.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Accused of Cheating but No Evidence

    I have managed to obtain an AA, a BA, a MA, a teaching credential, and numerous lesser certificates from colleges ALL without any problems or threats of having them seized or taken away. Maybe it was because I wasn't catting around trolling for hook-ups ... maybe it was because I was not taking actions that anyone might misconstrue as cheating ... maybe it was because I went to prestigious colleges and universities ... maybe it was something else.

    But, in short, Mike, it is very possible to date, attend school, take exams, and complete an education without ever having to run afoul of the administration.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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