Education Law

Education law questions? Ask an education lawyer

Ask a Lawyer,
Get an Answer ASAP!

My son was found guilty of a Honor Code violation at his…

Customer Question
My son was found...

My son was found guilty of a Honor Code violation at his college. He has been suspended for one semester. Is there any basis of appealing this decision based on the fact this is his first offense ever and he is academically doing very well. He plagiarised a paper on a homework assignment.

Lawyer's Assistant: Where is the school located? And is it a public or private institution?

William and Mary. Virginia public

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

That he be given disciplinary probation and not be suspended

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is a typical kind with a good reputation except he made a very bad decision. We just don't want this one instance of stupidity to define him

Submitted: 8 months ago.Category: Education Law
Show More
Show Less
Ask Your Own Education Law Question
Answered in 1 minute by:
9/20/2017
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 11,375
Experience: Extensive education law experience
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Education Law Question
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

Thank you very much for your patience. In a prior life I was a conduct officer For a private university. I was in charge of hundreds of hearings regarding plagiarism from students. So, I think that I might be able to help you understand a little bit about what to expect. Generally, a first instance of plagiarism is not going to call somebody some significant academic harm. most of the time, depending on the circumstances of whether it was intentional or accidental, the faculty and the disciplinary officers at the school are often going to want to see the student do what they can to make changes to how they research and how they find their information. The idea is to avoid them ever having to do it again. The fact that he has a good reputation and made one bad decision will usually play well in his favor. Usually, if somebody has multiple instances of misconduct both academic and non-academic, then the likelihood that they're going to represent the university very well that's going to be low and it is likely that they would end up expelling the student. Usually, probation is almost always the outcome in these kinds of situations. What I would probably recommend for your son is that he explained some of the things that he's done on his own to try to rectify the situation. This means that he should probably set up a meeting with a librarian to help figure out how to properly research his topics, he may also want to consider Reviewing any resources like the Purdue OWL to figure out how to properly cite his sources as well. I have reason to believe that he is going to be just fine. .Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
He had a conduct hearing on Monday and was suspended for the semester. My question would be if this could be successfully appealed because of the fact it was his first and only violation and he has no other disciplinary issues and is doing well academically
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

I think it could be appealed. Generally, a person can appeal if the severity of the punishment did not fit the infraction. What he may lose from a first instance of plagiarism may not send the message that plagiarism is unacceptable, but rather send the message that any mistakes made would have ultra serious consequences, which is not often the reality of life after college. He may need to check to ensure that the school has a process to appeal and if they accept his appeal, make his case. What other questions did you have for me?

Ask Your Own Education Law Question
Customer reply replied 8 months ago
Would it be worth our time and expense to pursue appealing the decision and requesting a lesser munition such a disciplinary probation
Customer reply replied 8 months ago
punishment not munition
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

Yes, I believe it will. A semester suspension was probably made as an emotional decision, but not based on any objective criteria in my experience. Usually, committees who deliver such harsh punishments to students on their first offense are usually taking the offense personally rather than deciding on the merits.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
He actually committed a Level III plagiarism offense by basically rewording the papering just adding his name to it. But by no means, does he not now or then know that what he did was wrong and that he should have to incur some form of punishment. We just feel that this is really extreme for the first time and the fact he has no other issues for the previous 3 years of college
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

I agree with you. I think that if he submits an appeal, it'd be worth his time. Now that at least some time has passed, they may be able to look things over with a fresh perspective and have a new committee review his situation.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
Is this specific for a particular college or is this just in general? William and Mary's Honor Code is very specific and based on what he did, they believe this decision was leniency on their part.
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

Well, most judicial officers at colleges across the country tend to try to apply the rules uniformly, with some exceptions of course. I can't speak for W&M because I don't work there, but I"ve dealt with hundreds of similar cases and was a part of the national association for conduct officers for a few years so I have a pretty good idea of what they're thinking. If they think it was lenient, that may be a problem, but it may still be worth the effort for him to appeal and get them to reconsinder the harm that they're doing.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
They did not use the term lenient, but use these words specifically, "Although the panel took into
consideration the good character of Jamison, the panel deemed it insufficient to deviate
from the Presumptive Initial Sanction of suspension.
Taking into consideration these factors, the panel assigns a sanction of suspension"
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

I see what you mean. It's good that they took it into consideration, but I would have them maybe look a little bit more deeply into prior decisions and determine if it's consistent with what they've done otherwise. You may also explain to them that doing this may end up putting him further behind and not necessarily teaching the lesson that is to be learned which is the interest, purpose, and goal of the University.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
Would the sanctions be considered extreme based on a first time offense, although consistent with the Honor Code's rules?
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

Well, even if it is consistent, it still could be considered extreme. Basically, your son is going to have to really make his case to convince them that what they did was wrong. Because they work for a university that has a sterling academic reputation, it's going to be very important that he tried to appeal to their senses Educators in his people and even his parents in reversing their decision.

Ask Your Own Education Law Question
Customer reply replied 8 months ago
Can we continue our conversation over the phone aroun 730 pm
Education lawyer: Legal Eagle, Education lawyer replied 8 months ago

Sure thing. I should be online, but if not, I am on each day.

Ask Your Own Education Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 11,375
11,375 Satisfied Customers
Experience: Extensive education law experience

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Attorney

222 satisfied customers

Attorney in general practice,

rayanswers

rayanswers

Attorney

221 satisfied customers

Texas lawyer for 30 years representing children and parents.

LawTalk

LawTalk

Attorney

129 satisfied customers

I am an attorney with more than 3 decades of experience in a wide variety of legal areas, including Educational Law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

85 satisfied customers

Experienced Education Law Attorney

DCrane Esq

DCrane Esq

Attorney

79 satisfied customers

Experience in this category is derived from assisting clients with bullying disputes and IEPs.

Meigs

Meigs

Attorney

27 satisfied customers

I am well equipped to handle any legal matter that you might have regarding Education Law.

Infolawyer

Infolawyer

Partner

16 satisfied customers

Experienced lawyer

< Previous | Next >

Related Education Law Questions
My daughter was choked at school by another student...she
My daughter was choked at school by another student...she has two witnesses as well. I spoke to the p rincepal and the p rincepal told me she can not tell me what course of disciplinary action will be… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 satisfied customers
I am a registered nursing student with 3 weeks before
I am a registered nursing student with 3 weeks before graduation. I've been receiving accommodations for exams for over 2yrs due to extreme test taking anxiety. A week ago I completed an exam and was … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My question is about education. Taking a free online course
My question is about education. Taking a free online course in preparation for enrolling in a college course for credit (same subject) is not considered cheating. Correct?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 satisfied customers
I was doing some research on your website. I am up for
Hello,I was doing some research on your website. I am up for academic dismissal. I have a cumulative 2.117. I did poorly on my final last semester because i was under a lot of stress as my grandmother… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was invovled in a fight outside of school? The
Hello my daughter was invovled in a fight outside of school? The situation has been going on since september . the whole school( teachers principal asst principal security) and everybody is aware. My … read more
rayanswers
rayanswers
Attorney
Doctoral Degree
221 satisfied customers
What can be done to remove a academic suspension hold for a
What can be done to remove a academic suspension hold for a student wanting to return to college? What are mititgating circumstances?… read more
Infolawyer
Infolawyer
Partner
Doctoral Degree
16 satisfied customers
I am a special educatiom coordinator who will have an MDR
I am a special educatiom coordinator who will have an MDR meeting for a student who the discipline committee had recommended for expulsion because he threatened to burn the school. The antecedent was … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter is graduating and they are holding her high
My daughter is graduating and they are holding her high school diploma because she didn't pass English fact and act by one piont but completed all oth requirements … read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
My student was told at school today that he was disenrolled
My student was told at school today that he was disenrolled from school for missing more than 10 days out of the year. I was never notified of any absences this year, nor was I informed of the disenro… read more
rayanswers
rayanswers
Attorney
Doctoral Degree
221 satisfied customers
My daughter goes to a private high school in Minnesota. She
My daughter goes to a private high school in Minnesota. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Disabled child has an IEP. She is graduating to 6th grade
My Disabled child has an IEP. She is graduating to 6th grade this year but unfortunately the IEP team decided to collect data around her recent behavior and insist on documenting it in her IEP and als… read more
rayanswers
rayanswers
Attorney
Doctoral Degree
221 satisfied customers
If the expulsions starts tomorrow and the last day of school
If the expulsions starts tomorrow and the last day of school is next Thursday do it make since to enroll my daughter in another school. If I withdraw her today will the expulsion still be on her recor… read more
Legal Eagle
Legal Eagle
Education lawyer
11,375 satisfied customers
My 6 year old son has Down syndrome. No camps will accept
My 6 year old son has Down syndrome. No camps will accept him unless he has a paraprofessional. I was advised by his school that the board of education does not offer that service. My son has a tendency of running off. A paraprofessional will be with him at all times to secure his safety. What do I do? Can his IEP be change to accommodate this type of service? … read more
Legal Eagle
Legal Eagle
Education lawyer
11,375 satisfied customers
Im a special ed coordinator in a charter school and we will
Im a special ed coordinator in a charter school and we will have an Manifestation Determination Review meeting for a SEC 504 student. An LSSP who is a service provider for the charter school is invite… read more
Legal Eagle
Legal Eagle
Education lawyer
11,375 satisfied customers
I just got the Notice of Meeting where the School District
I just got the Notice of Meeting where the School District invited my child's physician to the IEP Meeting without my knowledge or consents. The doctor and patient's information is private and confide… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We run a private christian school. We will be out of school
We run a private christian school. We will be out of school in 3weeks. There is a student who is 17yrs and has completed everything for graduation. Instead of sitting around and doing nothkng for 3wks… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter registered for an online school several years
My daughter registered for an online school several years ago, and is being billed for a federal loan on $25,000. She dosent recall ever starting classes and the school closed a few years ago. The kee… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
In the State of Florida, provided by FL 1009.24 (10)(),
In the State of Florida, provided by FL 1009.24 (10)(b), University Student Governments are provided custodianship over a student fee, the Activity and Service Fee (A&S Fee). Furthermore, the Universi… read more
rayanswers
rayanswers
Attorney
Doctoral Degree
221 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x