Two days before the lab final exam, lab professor noticed us the lab exam policy while we were still doing our experiment, She said" A sheet of notes is allowed during the exam. Yes you can bring a cheat sheet to the exam" Then after the experiment, she provided us a lab reference sheet. My lab partner and I were all assumed, the reference sheet is a different sheet as the "cheat sheet" on the day of the exam, when my partners and I arrived the classroom ON TIME, the indroduction part was just over. Then they sat in the frond with some other students and I was sitting by myself in a corner. The student around them told them right away that " the reference sheet is the "cheat sheet!" I wasn't told by anyone because no one was sitting around me.
I am confused as to what the exact circumstances are in this situation. Is the issue that there were two sheets in question, one that you brought into the classroom (self-made) and then another one that the professor handed-out to students? Are you being accused of misconduct since you brought a separate sheet into the exam? Please provide more information/facts.
Note: I cannot give legal advice to a non-client. I provide this response for general, information purposes only. This is not to be construed as legal advice. Consult appropriate legal counsel in your area.
Your posting fails to show any plagiarism or misconduct on the part of the professor. I see no basis for a suit here.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Fact: the best defense is not always an offense and that strategy is seldom the best strategy in dealing with a party who has no legal obligation to give you what you want.
In all events, there is no lawsuit that you can bring to get what you want here. But: your school has voluntarily adopted an administrative appeal process that you may invoke to challenge your grade on the exam. If you handle exercising that right appropriately, it is not unlikely that you will be successful, at least in part. But if you go in announcing that you are going to sue, you are only going to make this situation worse.
The school has the right to set the standards for student performance, to engage in the assessments of the work of the students, and to assign grades that reflect those assessments. You do not have a legal right to challenge those assessments or grades, notwithstanding that grades carry real and significant consequences. The law just does not presently provide for that ground for legal action except in the most limited and extreme of circumstances -- very much more extreme than what you are complaining about.
But the school has no interest in giving you a grade that does not reflect your effort or mastery of the subject. So, invoke your administrative appeal process, go into it with a clear and short and straight-forward explanation of the nature and course of the misunderstanding (HINT: an explanation and statement of the facts and issue way different and much better than what you posted here) and, most critically, a sound proposal for a fair remedy that does not provide you with a windfall. Get creative about that last item -- perhaps an "oral "PhD-type" exam" or an additional significant applied science project or some other sound basis for the teacher to get a clear sense of your ability and investment in the subject.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an 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 individual consultation and execution of a written agreement for legal services.
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