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My 12th grade daughter, Jaye, who has an excellent academic…

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My 12th grade daughter...

My 12th grade daughter, Jaye, who has an excellent academic and behavioral record was recently accused of plagiarism (along with several other students in her class). She was given a "0 for Cheating" for the assignment which will be listed on her first semester report. She is a very honest person. I am not a gullible person. I have taught school in the past and have raised 11 children. She is not a child who lies. She was just awarded an internship with a woman's magazine to set up a television broadcast system, and her grades will soon be sent out to several colleges. She qualifies for a Hope Scholarship, has taught ASL as an extracurricular activity at the school, she practically runs the school's broadcast program, and she is the manager of the boys varsity basketball team. Jaye, who was adopted from a West African orphanage during the war in Liberia, has overcome so much to achieve what she has earned. I feel that the plagiarism allegation is false and out of character, yet the teacher did not even ask her whether she cheated or plagiarized. He waited until she and the other suspected cheaters had left school for the semester. Then he posted online messages to them and their parents. My husband and I are in our seventies. My husband has Parkinson's disease and clearly our income is limited after raising 11 children, six of whom were adopted from Africa and 3 of whom were hemophiliacs with AIDS. This accusation of a very lovely young lady who is well-liked by her teachers, and has worked so hard, has upset us to the point where we are ready to seek legal assistance in the matter. With a false accusation of cheating on her records she might possibly lose all that she has worked for.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

This is in Georgia. Also, the student is black and the teacher is white. I don't know what race the other accused students are.

Lawyer's Assistant: Has anything been filed or reported?

Yes the 0 and the words "for cheating" have been placed in her file.

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

No, except that her father and I are very serious about filing a complaint, especially because the student was not made aware of this accusation personally. Her teacher did not speak to her about it or ask her any questions about it. She was blindsided by an online message. I know that in universities a student must be questioned before a formal accusation is made.

Submitted: 2 months ago.Category: Education Law
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Answered in 3 hours by:
12/16/2017
Education lawyer: David C. Garner, Attorney replied 2 months ago
David C. Garner
David C. Garner, Attorney
Category: Education Law
Satisfied Customers: 1,053
Experience: JD with Distinction, Admitted to practice in California
Verified

Hello,

I will try and help. I realize this is an upsetting situation, but I don't really see a legal claim here. First of all, she sounds like a nice child, but even good kids make mistakes and do things they should not. You would not be the first parent to be astonished by something a good child did.

The school is not bund to see this held the way you do, and if they have the document in question, they may well be able to prove plagiarism at least for their own purposes. I would suggest talking with the school to see what this child and you can do to address their concerns and cure this situation. I think that is about your only remedy. Even if they don't budge, this type of incident is not likely to follow her.

I hope this helps.

DCG

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David C. Garner
David C. Garner
David C. Garner, Attorney
Category: Education Law
Satisfied Customers: 1,053
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Experience: JD with Distinction, Admitted to practice in California

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