» Education and School Law

Accused of cheating after taking a make-up exam? Tips from a defense lawyer for students.

's Profile Image Students miss exams or paper deadlines for many reasons: illness, family emergencies, and other unexpected issues can arise. Most professors are understanding and will work with a student if they keep them informed. However, what can happen if after you get an extension for a paper or take a make-up exam and are then accused of cheating? Read on for tips from a defense attorney for students. How do I prove I am not making up an excuse for being absent? If you believe the professor does not have any other evidence to support the cheating accusation, bring a note from a doctor with you. If you were sick and stopped by the health clinic then this could be one way of proving your innocence. If it was a family issue – plane tickets or other travel receipts could back up your situation. I was charged with gaining an academic advantage, can you help me fight the academic integrity charge?  Yes. I help students all over the country defend against academic integrity and honor code violations. I assist students using my nearly twenty years as an attorney combined with a specialized knowledge of the university disciplinary process to help students achieve positive results. I tried to defend myself and lost the academic hearing. Can you help me appeal? Yes. I write appeals for students facing academic sanctions like a failing course grade, notation on transcripts, suspension, and even expulsion from school. Writing a winning student appeal takes an attorney with experience. Can you help all college students that need a college suspension appeal? Yes. I work with students all over the country who are facing discipline in college. Call today for a free consultation. Richard Asselta is an award-winning attorney who students. Call today to avoid a suspension, dismissal, or expulsion from your university. (855) 338-5299 Click here to read what clients are saying about Richard on AVVO, an attorney review website. Read More

Accused of cheating or plagiarism after graduating? Can your university rescind your degree? The answer from a defense attorney for students.

's Profile Image Universities take plagiarism very serious. Students work hard to earn their degree and conferral is celebrated. However, can your university rescind your degree if they find out you cheated or plagiarized? I graduated and have been working in the field with my degree. Can my university rescind it? The short answer is yes. If the college believes that you committed an academic integrity violation, they can open an investigation into the incident. If you are found responsible for cheating or plagiarism, they can rescind your degree. The accusations are not true, how can I defend myself? The process a graduate faces is the same that a current student faces. There will be an investigation into the incident and an committee hearing held. You must prepare your best defense to the allegations to protect your degree. I am being accused of plagiarism years after my dissertation was completed. Can my university do that? Yes. If the university received information that you earned a doctorate or other advanced degree by possibly cheating or plagiarizing, they can investigate. If there is merit to the allegation, they will charge you. If you are charged with an honor code violation, you must defend yourself to prevent the school from taking action against your degree. Can you help me stop the university from rescinding my degree? Yes. I help students all over the country build successful academic integrity defenses.  Call today for a free consultation. (855) 338-5299 Click here to read what clients are saying about Richard on Avvo, an attorney review website.  Read More

Caught cheating in school. Should you try to defend your actions? An attorney for students answers.

's Profile Image You were caught cheating red handed. Your teacher saw you copying answers on an exam or cheating in another way. Should you try to defend yourself? Yes. Here is why. Should I just admit to cheating and accept the punishment? That depends on your universities academic integrity policy. A punishment for an honor code violation could range from a warning up to expulsion. You have to find out what your punishment will be. If you are facing a probation, suspension, or expulsion, you need to strongly think about trying to defend your actions.  Why should I defend myself if I was caught cheating? Even thought you were caught and the evidence shows you cheated, there is still negotiation in your punishment. I have helped students all over the country reduce the punishment they are facing by using the college academic integrity process.  How do I negotiate down my punishment for cheating? That depends on many factors and your specific situation. However, no matter what the circumstances, there are always arguments that can be made.  Can you help me if I was caught cheating in school? Yes. I help students all over the country facing accusations of cheating. My specialized experience with the academic integrity process gives students the best chance at success. Call today for a free consultation. (855) 338-5299 Click here to read what clients are saying about Richard on Avvo, an attorney review website.  Read More

Accused of cheating by gaining an academic advantage? Defense tips from a lawyer for students.

's Profile Image What is considered gaining an academic advantage? Most colleges believe that any action that puts you in a better position than other students is gaining an academic advantage. This means that some of the following could fall under this category: Being absent for a test and asking a friend what was on it Having someone else edit a paper or your homework Working with another person to complete assigned work How do I prove I wasn’t purposely absent on exam day? If you believe the professor does not have any other evidence to support the cheating accusation, bring a note from a doctor with you. If you were sick and stopped by the health clinic then this could be one way of proving your innocence. Can you help me fight a charge of cheating by gaining an academic advantage? Yes. I help students all over the country defend against academic integrity and honor code violations. I assist students using my nearly twenty years as an attorney combined with a specialized knowledge of the university disciplinary process to help students achieve positive results. I tried to defend myself and lost the academic hearing. Can you help me appeal? Yes. I write appeals for students facing academic sanctions like a failing course grade, notation on transcripts, suspension, and even expulsion from school. Writing a winning student appeal takes an attorney with experience. Can you help all college students that need a college suspension appeal? Yes. I work with students all over the country who are facing discipline in college. Call today for a free consultation. Richard Asselta is an award-winning attorney who students. Call today to avoid a suspension, dismissal, or expulsion from your university. (855) 338-5299 Click here to read what clients are saying about Richard on AVVO, an attorney review website. Read More

Denied A Teaching Certification In Florida? Tips from a lawyer for teachers.

's Profile Image The Florida Department of Education denied your application for a teaching certificate. It could for several reasons. Missing college classes, required experience, a past criminal issue, or a teaching certification problem in another state can cause your application to be rejected.  Can I dispute a denial of teaching certification? Yes – a teacher can appeal the denial of a teaching certificate. However, I always advise hiring an experienced lawyer who represents Florida teachers to assist with the process. Why a Florida teaching certification may be denied: Criminal charges – Past DUI’s, child abuse accusations, criminal traffic citations, misdemeanors and felonies, if not explained correctly, can cause a teacher to be denied a certification. Certificate issues in another state – while Florida has reciprocity which allows you to transfer your teaching certificate from another state, if you had any discipline or even surrendered your teaching license, you could face a denial from the Florida Department of Education. Other teaching license application issues – Other issues like failing to disclose previous teaching certifications, past criminal charges, or not explaining an issue correctly can lead to a denial. What happens if I appeal my certification denial? The DOE will take another look at your application and the documentation supporting your challenge. This last chance at another look is why I strongly suggest hiring an attorney who represents teachers. The presentation of the material you are using to dispute the denial of your teaching certification is critical. The information and explanation of why you do qualify must be laid out and written clearly. You may not get a second chance. Can you help all Florida teachers that were denied a teaching certificate? Yes. I help all Florida teachers facing certification issues, including appeals and disciplinary action. Call me today for a free consultation and start protecting your professional future. Richard Asselta is an award-winning lawyer who defends teachers throughout the state of Florida. Click here to read how he helps teachers with teaching certification discipline at the district and state levels, administrative DOE hearings, investigations, and certification denial appeals. Click here to read what clients are saying about Richard on AVVO, an attorney review website. Read More

Accused of cheating on the FTCE? Defense tips from a lawyer for teachers.

's Profile Image The Florida Department of Education is accusing you of cheating on a teaching certification exam. What should you do? Read on for advice from a attorney for teachers. Can you cheat on the FTCE? The testing environment that gives all of the FTCE is equipped to stop cheating. They use audio and video recording along with other procedures to try and stop people from cheating. If it is hard to cheat on the Florida certification exams, how come I have been accused of cheating? If you take the test enough times, you are bound to come across the same question more than once. If you walk out of the test room and write down questions to study from later or tell a friend, it is considered cheating. Cheating on the FTCE Professional Education Test essay portion The Florida DOE has clearly written test instructions that the test taker cannot not prewrite essays. That means even if you took an exam and did not pass, but practice the essay question to study, you are breaking a testing rule. Using online forums that list essay prompts and then prewriting can get you in trouble.  Suspended from getting a teaching certificate If the Florida DOE suspects that you cheated on a FTCE, they can invalidate your score and stop you from taking the test for period of time, which essentially suspends you from becoming a teacher.   Can I fight the FTCE exam cheating accusation? Yes. There is an investigative and hearing process for people testing to be a certified teacher. I always recommend hiring a lawyer who handles Florida teacher professional misconduct to assist. Your career is on the line. How long does it take to prove that I did not cheat on the FTCE? That depends. Many factors contribute to how fast the Florida FLDOE processes a certification investigation. Can you help me fight an accusation of cheating on the FTCE? Yes. I help all Florida teachers facing certification issues, including appeals and disciplinary action. Call me today for a free consultation and protect your professional future. Richard Asselta is an award-winning lawyer who defends teachers throughout the state of Florida. Click here to read how he helps teachers with teaching certification discipline at the district and state levels, administrative FLDOE hearings, investigations, and denial appeals. Click here to read what client’s are saying about Richard on Avvo, a lawyer review website.  Read More

Caught changing research results or data in college? Tips from a defense lawyer for students.

's Profile Image I am being charged with cheating because I falsified my data and research results.  If you conduct research, run statistics, or record data in other ways, you cannot change the results. If you do change your results, you could be charged with cheating due to falsification. What happens if I am caught faking data or research findings? This depends on your university. Check your student handbook under academic integrity violations to be sure what to expect if charged with cheating by falsification. What can happen if I am found guilty of faking my research results? The university will sanction you. The punishment depends on the severity of the violation and if you have had any other academic integrity issues. I have seen sanctions range from a warning up to dismissal and expulsion from a university. Can I appeal my disciplinary sanction for cheating? Yes. This appeal is often the last chance a student has at fighting a disciplinary sanction and is a written submission to the dean or provost of the university. I write appeals for students using my extensive background as an appellate attorney and specialized knowledge of the academic disciplinary process. Can you help me defend against the charge of falsification? Yes. I offer student defense advising services throughout the United States. Using my nearly twenty years as an attorney combined with a unique knowledge of the academic integrity process, I assist students to gain successful outcomes Call today and protect your future. (855) 338-5299 Richard Asselta is an award-winning student defense lawyer who offers academic advising services throughout the United States. He is experienced in defending all types of college disciplinary issues, including falsification. Click here to read what clients are saying about Richard Asselta on AVVO, a lawyer review website.   Read More

Tips for fighting a suspension or expulsion from a K-12 school from a lawyer for students.

's Profile Image My child is facing a long-term suspension or expulsion from school. What should I do? Students of all ages make mistakes. Elementary, middle and high school students can be suspended or expelled for several reasons. If a student is suspended for more than 10 days or is recommended for expulsion from school, they must be given the chance to defend themselves. What should I say to fight the suspension or expulsion? Your defense strategy depends on the charges your child is facing. I wish I could give a step-by-step map to building a defense, but it really depends on the facts of the case. Generally speaking, you must make sure you gather all of the evidence the school is using to support the suspension or expulsion. You should also request all of your child’s school records. Finally, make sure you appeal the discipline within the given time frame. What should I write about in my suspension or expulsion appeal? The formatting of each appeal depends on the reason the student was suspended or expelled. The appeal should explain the situation in a chronological order clearly.  Think of how an outline is formatted. Can you help me fight the suspension or expulsion from school? Yes. I defend students in K-12 schools throughout the state of Florida. Each district approaches disciplinary issues differently, so it is important to have an attorney who specializes in this area of law.  Richard Asselta is an award-winning defense lawyer for students. He is experienced in fighting suspensions and expulsions in grades K-12, college, and all education settings. Call today for a free consultation. (855) 338-5299 Click here to read what clients are saying about Richard on Avvo, a lawyer review website.   Read More

Accused of cheating on the SAT or ACT? Advice from a lawyer.

's Profile Image What happens when you or your child is accused of cheating on the SAT or ACT?  There are usually a couple of ways this happens. In the middle of the test, the proctor comes over and believes cheating was occurring. Either they are looking at another students answer sheet or brought in  outside materials. At that point the proctor will confiscate the exam and report the student to either the SAT or ACT board. If there is a really big increase in score, 400 plus points on the SAT or 6 or more points on the ACT. This could cause a cheating accusation.  If your Scantron sheet matches with someone else’s in the testing room, you can be suspected of cheating. Additionally, wrong to right answer erasures could also flag you for cheating. What should you do if the SAT or ACT board believes you cheated? There is an appeal process. It is time limited and can be challenging. You have to act quick to preserve evidence that supports your side. I strongly recommend that you speak with an attorney experienced with these types of appeals.  Can you help me write my appeal? Yes. I utilize my nearly twenty years experience to craft successful arguments for appeals. I work with students all over the country facing not only accusations of cheating on standardized tests, but also in college. Don’t let a cheating accusation threaten your college dreams.  Richard Asselta, defense lawyer for students, defends students accused of cheating on the SAT or ACT test. Need to appeal a cheating accusation? Call Asselta Law today for a free consultation. (855) 338-5299 Read More

Should I bring an attorney to a university disciplinary hearing?

's Profile Image I often get the question: Should I bring a lawyer to a disciplinary hearing in college?  My recommendation – Yes. Public schools allow advisers who are attorneys to attend disciplinary hearings with the accused student. Private schools are allowed to make their own policies so whether someone can come with a student depends on their policies.  What can a lawyer for students do to help a student in a university disciplinary hearing? In most schools, they restrict the advisers role to student support. This means that an adviser cannot actively participate in the hearing, the student must be the one speaking. However, an adviser can speak to the student, write down questions, organize evidence, and other things to actively support the student to successfully represent themselves.  If an adviser can’t address the panel during the hearing, is it worth bringing an adviser? Yes. I think it is important that the school sees that there is someone there supporting the student. These hearings can be a lot of pressure and tend to make students nervous. My presence and support has helped students remain calm and clear minded. I keep the student on track and ensure that they make all of their defense points, present all of their evidence clearly, and question witnesses effectively.  Another important point is that my presence makes the university play fair. I have heard horror stories from students who handle these hearings on their own and the school has not followed their own procedures and treat the students terribly. However, when I have attended with students, I have never seen this behavior take place.  If you are facing a university disciplinary hearing call Asselta Law today. We offer national student defense services for disciplinary hearings and all types of student appeals. (855) 338-5299 Click here to read what clients are saying about Richard Asselta on AVVO, a lawyer review website.  Read More

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