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Is this breaking a law for unfair treatment of a student?

Vancouver, WA |
Filed under: Education law

My teacher gave me a test on a Friday and the class didn't complete it during that period, my teacher then had us finish the test on the following Monday. I took advantage of the weekend in between and spent time studying what I saw on the test. Then on Monday I got the entire test back to finish. I scored well above the class average due to taking advantage of the situation. A week later my teacher pulls me and several other students out of the class and accused of of cheating without any evidence. He then had us go to the In-School- Suspension room and had us take another similar test to "prove our scores". He gave us about 25 min. to do 20 questions which is not adequate time considering it is an AP class and the test gives you 90 minutes for 50 problems.

I ended up scoring 8/40. Me teacher even stated after I approached him that he checked with the administration so I decided not to go to the school administrators since they have a historyof not listening to any students

Attorney Answers 2

  1. What were the instructions about accessing the material over the weekend? About going back on Monday and changing answers or adding material to the Friday part of the exam?

    If you violated the instructions for the test, then you cheated. If not, then you have a defense and should assert it to your instructor, the school administration and to the ultimate fact-finding authority. A finding that you cheated reported on your transcript can have long-term and terrible effects on your future options for education and even post-education employment.

    Don't indulge yourself with excuses about "they never listen" until you have made your best effort and been unsuccessful.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

  2. No, this venue is completely different; the unfair treatment of a student would not be considered unlawful. You should have some type of student appeal rights at your university, right?

    This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

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