What are the Legal Ramifications when I Accuse a Student of Cheating?
University procedures offer protection for instructors when they suspect (and or accuse) a student of academic misconduct. Faculty members cannot be held personally liable so as long as they have followed University procedures when dealing with students suspected of cheating. A student’s right to privacy may be violated, however, when an incident of academic misconduct is discussed with the student in a public place (e.g., in class, the hallway, the food court, etc.). Under no circumstances is it proper to discuss such incidents, or use a student’s name or other personally identifying information with someone who is not—as per FERPA regulation—in a “need to know” position. Instructors may be held liable, however, if they penalize a student without an admission, or a finding, of academic misconduct as defined by the Student Conduct Code. This also holds true if an instructor has not followed University procedures.
