Asselta Law P.A.Education Law Practice2023-10-02T11:37:32Zhttps://www.asseltalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103704/2021/05/cropped-icon-32x32.jpgby richardasseltahttps://www.asseltalaw.com/?p=502202023-10-01T21:49:09Z2023-10-02T11:37:32ZGrammarly has become a very popular tool for people to use to help improve their writing. College and university students are no exception. Grammarly does things like reviewing spelling, grammar, and punctuation. It also can make suggestions as to how to clarify your writing. Grammarly also has the ability to detect plagiarism and make suggestions as to how to fix those mistakes.
With the rise of AI such as ChatGPT and Google’s Bard, Grammarly now touts “Personalized AI” as part of its product. The question then becomes, if you use Grammarly to help you write assignments in college, is it cheating?
Is it safe to use the Personalized AI feature in Grammarly for a written assignment?
When it comes to what is considered or not considered AI, the answer depends. Many universities and colleges are themselves trying to figure out what should and should not be allowed when it comes to using AI. Some colleges are even leaving it up to individual professors to determine what they allow. Because of that, it can be very confusing for students to figure out what is and what is not allowed.
When deciding whether you should use Grammarly or something similar when writing your assignments, here are three things you can do:
Look to see if your university or college has released any statements or guidelines on the use of Grammarly or other AI type of programs.
Check your professor’s syllabus and/or any instructions for the particular assignment to see if the use of Grammarly or other types of programs or AI is mentioned.
Lastly, when in doubt, ask your professor what their stance is on using Grammarly to help complete any written assignments.
I am being accused of cheating because my professor thinks I used AI. What can I do?
Even with the above tips, students can sometimes find themselves being accused of an integrity violation. If that happens to you, call or email me so we can discuss your case.
Call today for a consultation.
Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation.(855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=502182023-10-01T21:35:28Z2023-10-01T21:35:28ZYou are either sitting in class taking an exam or you are taking it remotely. Maybe in the middle of the exam, your professor comes over to you, takes your exam, and accuses you of cheating. Or, after class or later that day the professor notifies you that they caught you cheating. What do you?
Just because the professor thought you were cheating doesn't mean you were.
In this post, I lay out some advice and tips that you might want to do if you are ever confronted by a professor claiming that they caught you cheating in an exam. These tips apply whether it involves an in-person exam, an online exam, homework assignments, lab report, you name it. Here are some things you should do:
1. Allow yourself time to think.
Before you blurt out something or write something, take a moment and try to calm yourself and focus. You can’t make good decisions when you are under a lot of stress and being accused of cheating is serious. If a professor confronts you during or after class, and you are taken completely by surprise, politely ask the professor if you can have a moment to gather your thoughts or whether you could schedule a meeting to talk about their concerns.
2. Think before you write!
If you are asked to respond by email, think before you just type something out and click send. Think about what you want to say. Draft your response in Google Docs, Word, or whatever other word processing program you use. Review what you wrote and think about how it comes off, is it clear, am I saying something that will cause more confusion or make my situation worse?
3. Speak to someone who can help you.
Talk to someone who has the knowledge and experience to help you. Just getting another person’s unbiased opinion can many times be a big help.
Can you help me defend against this allegation?
Yes - I have spoken to hundreds of students faced with this very issue. Just because a professor claims they caught you cheating does not automatically mean that they are correct. If you are facing this type of issue, or any potential academic integrity concern, please contact me and I would be happy to speak with you.
Call today for a consultation.
Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation.(855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=502152023-07-12T15:27:23Z2023-07-12T15:27:23ZWith the release of ChatGPT and other Artificial intelligence (AI) programs, colleges and universities are starting to see students use this technology in a variety of ways. While AI is a powerful tool that can legitimately help students do amazing things, it can also be misused to cheat on academic assignments or exams.
So far, I have seen students being accused of using AI to produce essays, summaries, or code. However, as time goes on, it most certainly will be used to answer questions or give hints; using voice or face synthesis to impersonate someone else; or using deepfakes to manipulate videos or images.Again, while we are just at the start of students being accused of cheating using AI, here are some ways I have seen students being accused:
1. The Use of an AI Checker
Similar to Turnitin or other plagiarism checkers, I have seen professors use what they claim is an “AI checker.” There is much debate as to how reliable these so-called checkers are. In fact, some early research indicates that AI detectors tend to be about 60% accurate on average.
2. Incorrect Facts
If you have tried playing around with AI and asked it to write an essay on a particular topic, chances are that there is going to be some information included in the essay that is flat out incorrect. That’s because the AI is not really “thinking,” it is simply pulling information from many sources to put together a cohesive response. If the information the AI is pulling from is bad, then chances are the essay it puts out will be at least partially wrong. Professors who review essays or code will pick up on these odd errors which is an early sign that the assignment was generated by AI.
3. Odd Sentences or Syntax
Another thing I have seen which triggers suspicion, mainly with essays or papers, is the use of odd sentences, sentence structure, strange phrases, or odd syntax. Again, as much as AI tries to mimic a human, it is not. As a result, oddly phrased wording can pop up. If that happens, a professor or teaching assistant can usually spot it and argue that it was generated from AI.Because of how new this technology is, universities and faculty are still trying to understand how best to integrate this technology into curriculums and what may or may not constitute cheating if one uses AI.
Can you help me if I am accused of using ChatGPT on an assignment?
Yes. I assist students in all phases of the student disciplinary process. If you find yourself being accused of an academic integrity violation involving an accusation that you used AI, give me a call to discuss how I may be able to help.
Call today for a consultation.
Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation. (855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=498772023-03-29T00:13:12Z2023-03-29T00:13:12ZBroward County Public Schools, located in South Florida, is the 6th largest school district in the United States. In addition to being one of the largest school districts in America, it is also among those unique school districts that allow parents to appeal the decision of almost any disciplinary action taken against their children.
Can I appeal any discipline my child faces from a Broward County School?
Yes - Broward County school district allows parents to appeal virtually every disciplinary action taken against their child, including things such as detention or in-school suspension. This is extremely important, especially if a student has been given a suspension. The reason is that when a student applies to college, it is usually asked on an application whether the student has ever been suspended or expelled. Broward Schools allows parents to challenge things like suspensions, even ones less than 10 days whether in-school or out-of-school suspensions.
How do I appeal discipline from a Broward County Public School?
This is a time sensitive process:1.First, a written statement must be presented to the principal within five school days of the last notification/communication regarding the discipline consequence or incident. There are very specific requirements of what the appeal must contain and the principal or administrator with the most knowledge of the incident then has five school days to respond in writing.2. If the problem has not been resolved, the parent can then request in writing an appointment with the regional or associate superintendent of the respective regional office of the school. Again, there are specific requirements that must be met when requesting this meeting and a meeting will then be scheduled.3. If after the meeting with the Regional or Associate Superintendent the problem has still not been resolved, the parent can then take the matter to the Superintendent’s office and another meeting will be scheduled.
Can I hire you to help with appealing the discipline from Broward County Schools?
Yes - Throughout this entire process the parents are allowed to have legal representation. A knowledgeable school discipline lawyer can write and submit the appeals, attend all meetings, and make arguments as to why the discipline implemented was improper or overly harsh.
Should I appeal any discipline my student faces from a Broward County School?
Yes - Broward County Schools is one of the few school districts to have this process and I highly recommend parents take advantage of it. I have helped many students and parents within the Broward School district and having a skilled and experienced advocate can make all the difference. I examine the documents and reports, scrutinize the disciplinary codes, and draft logical and persuasive arguments in the appeal. If you would like to discuss appealing discipline from a Broward County Public School, feel free to contact me.
Call today for a consultation.
Richard Asseltais a defense lawyer for students facing disciplinary actions. Call today for a consultation. (754) 701-7014]]>by richardasseltahttps://www.asseltalaw.com/?p=498722023-06-21T11:53:55Z2023-03-22T01:59:40ZOver the past few years, online learning services like Chegg and Course Hero have become popular with students.
As an incentive for students to gain access to some features, these sites may ask students to upload their papers, notes, course lecture slides, syllabus, rubrics, or other materials created by a professor. Once the student uploads these materials, other customers may have access to them.I have received numerous calls from students telling me that they have been charged with an academic integrity violation for either “unauthorized sharing of materials,” or “intellectual property violations.” Regardless of what the university or college calls it, schools have been cracking down on students uploading course materials to websites. Some schools consider this an honor code violation and charge students for taking materials prepared by a professor and uploading them without authorization. Additionally, some schools consider this providing an “unfair academic advantage” by allowing others to access materials, such as exams, papers, or other assignments.While these sites do offer many services that can help students, students should be aware of the potential integrity issues with uploading course materials to any shared website. If you find yourself in this situation, you should seek advice and assistance from an attorney has experience defending students in these matters.Can you help me if I am accused of an academic integrity violation?Yes. I assist students in all phases of thestudent disciplinary process. If you are facing an accusation like cheating or plagiarism, give me a call to discuss how I may be able to help.Call today for a consultation. Richard Asseltais a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation. (855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=498602023-06-21T11:55:53Z2023-03-08T00:49:52ZMany private schools limit the type of assistance a student can have if they are facing accusations of cheating or plagiarism. Private universities often limit who the student is allowed to attend meetings and hearings with. If this is the case, some students then think that hiring an attorney or advisor is a waste. I can assure you it is not and can be vital to a positive outcome.
What can you help with beside the college integrity hearing?
I have helped many students who attend private schools, including Ivy League schools. Even when an attorney cannot participate in meetings and the hearing, having an experienced student defense lawyer can help. For example, I help students review and analyze the evidence. I assist in gathering evidence that the student might want to submit. I draft for the student their opening statement, closing statement, and draft questions for potential witnesses. Most importantly, I analyze and prepare the student’s rebuttal to the University’s case. This includes making sure the student not only logically tells their story but responds to the University’s case and exploit weaknesses. The result of all of this is that the student walks into the hearing much better prepared to take on the University and gives them the best chance at success.Learning what strategies work and do not work comes with experience. That is why my practice is devoted 100% to education law and student defense.
Can you help me if I am accused of an academic integrity violation like cheating or plagiarism?
Yes. I assist students in all phases of the student disciplinary process. If you are facing a cheating or plagiarism accusation, give me a call to discuss how I may be able to help.
Call today for a consultation.
Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation. (855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=498532023-06-21T11:51:41Z2022-06-16T20:00:58ZOften times when a student contacts me and explains that they have been accused of plagiarism, I ask about the similarity report, such as Turnitin. I am often told that it came back with a high percentage of similarities, however the student maintains they did not plagiarize. When I ask them to explain what then happened, a common answer is - I accidently uploaded or turned in a draft and I had not yet fixed or finalized all of the citations.
Is submitting a draft considered plagiarism?
While there are always exceptions, the short answer is yes. The reason being is that most (but not all) schools do not differentiate between mistakes, accidents, or intentional behavior when it comes to plagiarism. There usually is no defense to say, “I didn’t mean to plagiarize” or “It was an accident.” To avoid this error, if students are going to keep multiple drafts of papers, consider:
Creating separate folders for each draft and labeling them appropriately, such as “Draft 1.”
Clearly labeling the actual document as “Draft.”
Adding a watermark to the document that you are working on, also noting that it is a draft.
Finally, before you upload or email that document, take a minute to make sure that the attachment you selected is in fact the one you intended to send.Taking some of these suggestions and taking your time could save you the problem of facing an academic integrity accusation.
Can you help me if I am accused of plagiarism?
Yes. I assist students in all phases of the student disciplinary process. So if you are facing a plagiarism accusation, give me a call to discuss how I may be able to help.Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation. (855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=495042022-03-31T20:50:46Z2022-03-31T20:50:46ZOver the past year, colleges and universities across the country have seen an increase in cheating. As a result, many students, even those who did not cheat, are becoming swept up in what seems like school’s hysteria to accuse students of cheating even if they did not cheat.
What can happen if a student is accused of cheating in college?
The consequences of being found responsible for an academic integrity matter can vary greatly. However, no matter what the sanction, it would be something that the student would be required to disclose on an application to graduate school. Second, it could cause damage to the student’s GPA. Third and most serious, depending on the severity of the accusations, a student could face suspension or expulsion.
How do I fight an accusation of cheating in college?
Most colleges and universities allow students to be assisted by advisors and many schools allow those advisors to be attorneys. Having an experienced advisor on your side can make all the difference.
3 Advantages to having a skilled student defense lawyer for an academic hearing
1. Your attorney should be skilled at evaluating the evidence and should be able to give you a realistic view of the case. They can help you focus on the weak and strong points of the case to make a more effective defense presentation.2. An experienced academic integrity lawyer can prepare a student’s opening statement, the student’s presentation before the honor hearing board, and prepare the student’s closing statement. This preparation is important to making a clear and convincing defense presentation.3. A student defense advisor should also be able to assist the student in crafting questions for cross-examination and be able to prepare the student client for likely questions from the hearing board or panel.
Can any lawyer help me prepare for a student integrity hearing?
No. While having an attorney can be an advantage, not all attorneys have the skill and knowledge needed for these types of matters. An academic integrity case is not the same thing as a criminal case or suing someone. There are very specific and unique rules for these hearings. Many times attorneys who are not experienced fail to understand these rules and are no help to the student. Additionally, attorneys who do not specialize in this field do not have the knowledge and experience that comes from handling these types of cases.
Can you help me defend an academic integrity violation?
Yes. My entire practice is devoted to education matters and defending students accused of academic misconduct, disciplinary issues, and Title IX matters. I have assisted hundreds of students all across the country and bring this vast level of knowledge and experience to each of my clients.Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States. Call today for a consultation. (855) 338-5299]]>by richardasseltahttps://www.asseltalaw.com/?p=494992022-03-29T20:52:53Z2022-03-29T20:52:53ZIn order to teach in a public or charter school in the state of Florida, a teacher needs a certification from the Florida Department of Education.
What can put a Florida teaching certification at risk?
If a school believes that teacher committed an act that violates professional or ethical obligations, they could trigger an investigation by the Florida Department of Education. The result of such an investigation could include disciplinary action up to and including revoking of the teacher’s certificate.
Can a teacher defend themselves in a Florida Department of Education Investigation or Hearing?
Yes - but it is not recommended. Investigations and hearings by the FLDOE are serious. I have heard countless stories of teachers trying represent themselves, only to wind up in bad situations. A teaching certificate is a teacher’s livelihood, and they should hire an experienced teacher defense attorney to help them.
Can any lawyer help a teacher facing FLDOE discipline?
If a teacher is looking to hire an attorney to defend them in an FLDOE action, they need to hire an experienced attorney who knows what they are doing.
How do I know if a Florida teacher defense lawyer is experienced?
You can ask the following questions in a consultation:1. How long has the attorney been practicing law? Are they an experienced attorney or new to practicing law?2. How many cases have they handled with the Florida Department of Education? Many of these cases wind up being negotiated and if your attorney does not have the experience or know the other actors at the Florida Department of Education you are at a disadvantage.3. When you speak to the attorney, do they seem to understand the process? Can they explain to you how the Florida Department of Education investigation process works? Can they speak to you about prior similar cases or results they obtained for their clients?4. Does the attorney have any reviews from other Florida teachers demonstrating that they actually have positive experience and outcomes in these types of cases?
Can you defend me in a FLDOE investigation or hearing?
Yes. I have represented hundreds of teachers in several types of FLDOE actions. An investigation by the Florida Department of Education is a very serious matter that can have very real consequences for an educator. Do not go it alone. Hire an experienced FLDOE defense attorney. The stakes are simply too high.Richard Asselta is an experienced FLDOE defense attorney. Call today for a free consultation. (855) 338-5299.]]>by richardasseltahttps://www.asseltalaw.com/?p=494882022-03-24T17:12:57Z2022-03-24T17:10:31ZWith the rise of college online classes over the last few years I have seen another type of industry rise as well. These would be so called online “tutors” that students hire.
Am I allowed to hire a tutor?
Yes. Many times, it starts out legitimately. The student needs help with certain parts of a course and they hire one of these tutors to help.
Should I allow a tutor access to my student portals?
No. This is where legitimate tutoring can turn into an academic integrity violation. A tutor may tell the student that they would like their log on credentials so that they can view the assignment instructions. This is the first mistake a student makes and at many schools, providing your log on credentials to another person, especially someone outside the school, is itself an honor or conduct code violation.Once this so-called tutor can access a student’s account and course portal, the tutor then suggests that for just a little more money, the tutor can complete the work and then post the work to the student’s account. If you gave them access and then this happens, terminate the relationship, and run. If you say yes to this suggestion, things can turn bad quickly.
If a tutor does my work and posts it will my professor find out?
Maybe.
The instructor may see that the IP address posting the work is not the same address as the one the student had been using and many times, these addresses are located overseas.
Another scenario is that the tutor continues to ask for more and more money, essentially blackmailing the student. When the student refuses to pay, the tutor emails the course instructor with evidence that the student has been cheating.
The result of either situation, depending on what type of program the student is enrolled in, can be expulsion.
So should I hire a tutor?
Getting help from legitimate tutors is fine. However, never provide anyone your log on credentials and if a tutor asks for such, it may be time to end that relationship. And of course, it goes without saying that a student should never pay someone to do their work for them. This is considered academic fraud and is the most serious honor code violation a student can be accused of committing.
Can you help me defend my academic integrity violation?
Yes, I help students across the country defend themselves against disciplinary action in college and can act as their advisor. Call today for help defending an academic integrity violation at school. Richard Asselta is a defense lawyer for students facing academic integrity violations throughout the United States.]]>