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Vigilante Justice on Plagiarism

November 13, 2008

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Faculty members complain constantly about plagiarism and trade stories about strategies to combat it. Loye Young thought he had a solution. On his syllabus at Texas A&M International University this fall, he wrote: "No form of dishonesty is acceptable. I will promptly and publicly fail and humiliate anyone caught lying, cheating, or stealing. That includes academic dishonesty, copyright violations, software piracy, or any other form of dishonesty."

Many professors use the syllabus to warn students about enforcing plagiarism rules, but few promise public humiliation. Young, who owns a computer business in Laredo and doesn't depend on a teaching job for his livelihood, thinks humiliation is part of the justice system. He noted in an interview Wednesday that "there's a reason that trials are in public."

When he caught six students in his management information systems course cheating, he wrote about it on his course blog (which he maintained on his business's Web site), naming the students and telling the world that he had caught them and that they would receive an F for the course and be reported to university officials.

"Plagiarism is manifestly unfair and disrespectful to your classmates," Young wrote on his blog. "There are students taking the course who are working very, very hard to learn a subject that in many cases is foreign to them. A plagiarizer is implicitly treating the honest, hard-working student as a dupe. Of course, the plagiarizer is the dupe or else would not need to plagiarize."

When university administrators realized that Young had followed through on his threat to fail and publicly humiliate the students, they put the failing grades on hold -- the cases are now being referred to an honors council for consideration and the F's may or may not stand. But action against Young was quick: He was fired. The university says he violated the Family Educational Rights and Privacy Act, a federal law known widely as the Buckley Amendment or FERPA, which generally bars the release of educational records about students without their permission.

Young says that FERPA is being used to cover up the real reason the university wanted him out: that it was facing an instructor unwilling to stay quiet about students' academic dishonesty. "People here are told that students should be babied and that we need to keep 'em in to get enrollment and state funding," he said. "Well, I want students -- when they complete my course -- to actually know something, and they can't if they plagiarize everything."

That his actions distressed many at the university as much as the plagiarism, he said, shows the extent of the problem. "This beehive needed whacking," he said.

Adding to the buzz has been an e-mail message sent to department chairs by someone in the administration (the provost denies knowing anything about it, and an article Wednesday in the Laredo Morning Times attributed it to deans) in which the chairs were reminded to tell faculty members that any F grades for plagiarism should be reviewed by the honors council and that professors need to always think about students' due process rights before seeking to punish them.

Several faculty members, speaking privately because they didn't want to anger administrators, said that they were taken aback by the way the university appeared to be viewing plagiarism as an issue requiring more due process for students, not more support for professors. For the university to follow the dismissal of an adjunct with this reminder, they said, left them feeling that they couldn't bring plagiarism charges. Further, many said that they believed it was a professor's right to award an F to a plagiarizer and that this should not require an honors council review.

Several e-mail messages are circulating among faculty members, expressing concern that their right to assure academic integrity is being undercut. Despite how widespread a problem plagiarism is among students, these e-mail messages say, the university is looking the other way and sending a public message to students that they are the victims when a professor takes plagiarism seriously.

Young said that the plagiarism in his course was easy to detect. He said that the essays he found to be copied didn't read like student writing and seemed to be an odd combination of sources. He said he just put some of the essays into Google to find the sources, on Wikipedia, in the archives of term paper companies, and so forth.

"If students don't know that they will be prosecuted, this will not stop," he said. "You need to have a deterrent, and it needs to be public."

Not all faculty members share that view. Some who don't like the way the university is dealing with situation still think Young crossed a line by going public with the names of students. Robert Haynes, an associate professor of English and president of the Faculty Senate, said Young was "not adequately prepared to deal with the challenge of students he perceived as cheating." Haynes acknowledged that Young's dismissal, followed by the memo now in circulation, has left many professors worried. He said that the events are "subject to the interpretation" that the university isn't interested in tough enforcement of rules against plagiarism, but he said he didn't think that was true.

"We are interested in combining rigor and compassion. and we don't want to compromise on either," he said.

It's important, Haynes said, that professors not "be subject to second guessing for ordinary decisions," he said, and that includes grades. At the same time, he said, it was important for students to know their appeal rights.

Pablo Arenaz, provost at the university, said he was distressed that some faculty members are concerned about the university's commitment to academic integrity. Asked whether a professor has the right to award an F to someone caught copying, Arenaz said that was "up to interpretation." He said it was important that everyone respect students' due process rights when plagiarism is suspected.

He stressed, however, that the reason Young was dismissed was because he violated students' privacy rights. Asked if university policy states that violating FERPA is grounds for dismissal, Arenaz said he didn't know.

"The university believes in academic integrity and upholds academic integrity," he said.

Arenaz, asked if he thought plagiarism was a major problem at the university, noted that he has only been there for a few months, and said he wasn't sure. "I don't have a feel for it at all. If I put five faculty in a room, I would get different interpretations of what it is."

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Comments on Vigilante Justice on Plagiarism

  • Posted by George MacDonald Ross at University of Leeds, UK on November 13, 2008 at 5:55am EST
  • I've always thought
    it strange that university administrations (a) say that students need to be severely punished for plagiarism as a deterrent to others, and (b) keep the punishments secret when they are imposed. The identity of criminals is not kept secret in the outside world, so why in academia?

  • Posted by Rebecca Moore Howard , Professor at Binghamton on November 13, 2008 at 7:40am EST
  • The instructor has violated the students' privacy. You have compounded it by linking to the instructor's blog. A similar situation occurred a couple of years ago when a Syracuse TA was trashed on facebook, and you named that TA in your report of it. It is lamentable that a publication dedicated to news in higher education regards students—named individual students—as fair game in the news cycle. For shame.

  • Posted by Mark Staszkiewicz on November 13, 2008 at 7:40am EST
  • Clearly, there is no room for plagiarism or other forms of academic dishonesty in the academic community. As faculty we should not tolerate it and we shoud take steps to educate students and to enforce the rules. At the same time, students do have rights of due process and are offered protections under FERPA. According to FERPA:

    "Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record." The law goes on to identify several exceptions, none of which include giving permission to a faculty member who, before the students have even been given their due process, chooses to publicly expose them.

    We do not serve our profession by violating Federal laws that are not unjust to make our own points of view public.

  • Failing vs Public Humiliation
  • Posted by GeneP on November 13, 2008 at 7:40am EST
  • While plagiarism IS a crime and IS a violation of the academic honesty code, so is violating the FERPA regulations.

    He was correct in failing the plagiarists, but should not have posted names on his blog, because their crimes were not adjudicated in court of law. Just as getting a speeding ticket isn't admission of a crime (you have to go before the court first), a professor's suspicion and documentation of plagiarism may or may not be the final determination of plagiarism.

    Each institution handles violations in its own way, and if TAMI wants to vet the allegations before the student honor committee, that's fine, and they should be punished...perhaps even dismissed from the university.

    That said, a professor who does not have enough sense to keep grades private doesn't need to be in a classroom.

  • Snowflakes could melt in desert heat
  • Posted by bevo on November 13, 2008 at 7:50am EST
  • Oh, those poor, poor students. I trust the university will provide counseling gratis for up two years.

    Those students who cheated and lied could be so hurt mentally and emotionally, they could not complete their studies. Better for the university to go ahead an award them degrees now. Thus, these students do no have to worry about the trauma of sitting in class, completing assignments, and what are those other things we expect of students.

    Learning? Citizenship? Honesty?

  • Someone Slept Through His Con Law Class
  • Posted by Unapologetically Tenured on November 13, 2008 at 8:00am EST
  • "Young...thinks humiliation is part of the justice system. He noted in an interview Wednesday that 'there’s a reason that trials are in public.'"

    Yes, there certainly is a reason, but that's not it. Public trials are guaranteed by the Sixth Amendment as a way to ensure that innocent people--or guilty ones, for that matter--are not railroaded behind closed doors. Allowing the press and public to attend court proceedings (presumably) guarantees that a suspect's right to Due Process will not be violated.

    Professor Young, on the other hand, doesn't appear to be a big fan of Due Process.

  • Plagiarism
  • Posted by Jody on November 13, 2008 at 8:05am EST
  • I am horrified to see an administrator say that it "is up to interpretation" as to whether a student who is found copying should receive a F. Sorry, that is no longer the student's "work", none or limited learning has occurred, and it is cheating. That is a F for failing to complete the work as assigned.

    One other thought, I have all students sign a contract that they have read the syllabus and understand the guidelines. Therefore, I consistently ask them the same question: What does the syllabus say? Even though I feel it should not have been posted outside the college, the professor outlined in his syllabus (his contract with the students and the college...didn't anyone read his syllabus for the college?) the students KNEW what the repercussion would be for plagiarism. They didn't expect him to follow through what he wrote and, which now, the college is proving true.

  • Posted by kgotthardt on November 13, 2008 at 8:05am EST
  • Yikes! Naming students and humiliating them is over the line! However, I don't think taking the six offenders in a group would be a bad thing since they all did it together.

    I can see why this prof. was so angry. I have failed students for intentional plagiarism myself and was hired by an accredited "college" that didn't even HAVE a plagiarism policy! Students could contest grades whenever they wished which is ridiculous, dishonest, and counter-productive.

  • When Governments Get Involved...
  • Posted by Watson Scott Swail , President at Educational Policy Institute on November 13, 2008 at 8:15am EST
  • This is a classic case of government intervention hijacking an issue. The FERPA legislation, designed to protect student information, has been used by institutions to hide behind actually having to do something. In this case, they are using it to cover a more widespread issue of plagarism, or morality, on their campus.

    However, piece this story with the one about the Norfolk State University professor who was fired for failing students and not advancing them because they couldn't complete the course content, and we start seeing the entire picture which plagues higher education: quality. No one talks about quality, and if students are cheating or being moved on despite lack of learning, we have a major problem in American higher education. Ask any professor. We do.

  • FERPA?
  • Posted by April on November 13, 2008 at 8:45am EST
  • I am not a legal expert, but FERPA is sometimes murky and schools tend to extend its application so as to leave no doubt. Is exposing plagiarists the same as sharing protected parts of a students' official academic record? Students in a class often know how other students are performing. They know if they skip class, do poorly on group assigments, bomb on an oral presentation, etc. Sometimes students conduct peer review of others' work. I have even had students uncover and report on another students’ apparent plagiarism during the peer review process. Was this a FERPA violation? I once had a student walk out three minutes into a final exam - everyone in the class knew that the young man had just failed the course. Was this a violation of his "rights"? Do these students need to give their peers on the student judicial board permission to see these "records" of cheating? I don't know the case law on this, but based on a plain meaning interpretation, it isn't clear to me that FERPA grants privacy in all matters related to performance in a course - or on cheating. Perhaps a legal expert could comment.
    With that said, I think it is dangerous to expose and punish students before they have been given an opportunity to defend themselves.

  • No FERPA Violation Here
  • Posted by John K. Wilson at collegefreedom.org on November 13, 2008 at 9:40am EST
  • The misinterpretation of FERPA has been taken to ridiculous extremes before, and while this is a closer case (and questionable behavior by the professor), it is not a violation of FERPA. FERPA protects educational records. A grade does not become an educational record until it is officially accepted by the university (and in this case may not be), not when it is submitted by a professor. Therefore, a professor who reveals a student's grade publicly is not actually revealing an educational record.

    I think the decision of the university to require a committee decision before a grade of F is given also raises troubling issues. An accusation of plagiarism should lead to an investigation. And if a student is found innocent, this is a clear basis for a grade appeal. But otherwise, a professor's grade should stand.

    This is a bad way to fight plagiarism, but it is far better than the common indifference to plagiarism. Firing professors without warning for their mistakes is unusual and a reason for concern.

  • Vigilante Justice on Plagiarism
  • Posted by munsan , Teacher at Foreign Studies on November 13, 2008 at 9:40am EST
  • I agree that students should be punished for violating written rules but public humiliation is a bit harsh. Adminisrators should make it very clear to staff members what will be tolerated to live up to it. As an educator in a foreign country I attempt to deter cheating constantly but with so much "pressure" of students to excel it is very difficult. As instructors we often set our passing standards ridicilously high for some students. We should concentrate more on content.

  • Posted by another adjunct on November 13, 2008 at 9:40am EST
  • NO ONE really cares about plagiarism. College presidents with plagiarized dissertations are discovered and keep their degrees and positions. It's just something people say they care about, but really, they don't. Administration will not back a professor who brings up a cheater. I've read it here on this site. That president of SIU at Carbondale said: Well, standards were different twenty years ago when he did his dissertation. Yes, they were different--they were higher. FERPA is also used as an excuse to do nothing about students who are mentally ill, not even call their parents to let them know. It is the all-purpose excuse to do nothing and act superior about it.

  • Posted by Jennifer on November 13, 2008 at 9:40am EST
  • I completely agree with what the professor did. I hate to admit it, but if it was my child doing the plagiarism, I'd want them to be help responsible for their actions. These students were warned, IF they read the syllabus, about what actions would be taken against them. I applaud this man for standing my his convictions and wanting his students to actually learn what they're in class for!!

  • Difficulty Enforcing Academic Honesty
  • Posted by Soc Prof on November 13, 2008 at 9:40am EST
  • When faculty here discovered students were graduating despite having cheated in several courses, we constructed a system requiring such offenses be reported to the provost's office so that (s)he could watch for repeat offenders. The process soon became so encumbered with precise procedures (not just documenting the incident but also including witnesses, any evidence of interaction with the student, etc), specific deadlines (immediately after the incident is discovered, yet finding proof and marshalling the required evidence takes longer than the deadline permits, particularly at the end of the school year when witnesses leave and there are LOTS of things to grade, activities that must be attended, etc), and appeals (after submitting the evidence, we're not permitted to keep any record of the event ourselves) that it was effectively abandoned. Codes were designed to protect institutions from lawsuit, not to identify and prosecute cheaters. The cheaters have, effectively, won.

  • plagiarism
  • Posted by guido stempel , distinguished professor emeritus at ohio university on November 13, 2008 at 9:40am EST
  • What next at Texas A&M? Can a student appeal an F on a test and ask for someone else to grade the test--sort of an instant replay? If a student steals a copy of a test ahead of time and is caught and gets an F, is that appealable? At what point does the student forfeit privacy? We know that if the student goes into a classroom and shoots people, his or her name will be released. Anything short of murder matter?
    Guido Stempel Ohio University

  • Learning and Academic Dishonesty
  • Posted by Tanneh Kamara on November 13, 2008 at 9:40am EST
  • There are 3 issues I noticed with this situation. First, it does not seem that the adjunct faculty was oriented to the university's policies and procedures nor did he follow the syllabus template if they have one. Second, Honor Committee exist to ensure a fair hearing for all students charged with any form of academic dishonesty. These committees usually comprise of faculty and students who have a genuine interest in teaching, learning, and maintaining integrity. Third, the university spokesperson is correct in that the students FERPA rights were violated as a result of the professor posting their names on his worksite blog. Academic records are normally accessible by faculty who are advisors and only for the student(s) they are advising. Faculty members cannot access the records of students in their class to check for trends in academic performance or to verify information overheard from another faculty. FERPA violations can result in the loss of federal funding for the university. I am certain that most universities have confidentiality statements that all administrators, faculty, and staff must sign in order to have access to student records.

  • 2 Wrongs Don't Make A Right
  • Posted by Tom G. on November 13, 2008 at 9:40am EST
  • I learned long ago that 2 wrongs don't make a right. Clearly, the professor was wrong to post the students names and grades. However, this sends a message to the university's leadership ... Plagiarism should not be tolerated in any form. The university needs to take a stand against plagiarism and support the faculty. In my experience, it's always more work for the professor to process a plagiarism case rather than just look the other way.

  • todays students, tomorrows administrators
  • Posted by John on November 13, 2008 at 9:40am EST
  • Todays students become tomorrows administrators. We should all recall the administrators dismissed for plagiarism of their dissertations, speeches and such. Was this professor a little over the line? Perhaps. But I say THANK YOU for scoring one in the name of academic integrity and sending a message to academic miscreants. Their names belong in the papers just like other criminals -- who STEAL THE WORK OF OTHERS.

  • there are some non-issues here
  • Posted by Larry on November 13, 2008 at 9:40am EST
  • This is a conservative interpretation of the FERPA. No part of the FERPA says that student-written works are “student records” (within the meaning of the act), nor does the FERPA say that a professor’s thoughts about whether someone is plagiarizing is a student record. So, April sees why this is taking it too far.

    On the other hand... There are issues about whether the professor’s publication of an accusation violated the school’s internal policies (or was defamation). But, from the looks of it, “Texas A&M International University” is trying to cover us something that is well-known and widespread there. (Heck, I knew about it.)

    GeneP, You are simply wrong. “violating the FERPA regulations.” does not violate that school’s “Academic Honesty Code.” There is no basis in the text of the “Code” to conclude that. I think you are making it up.

    Unapologetically Tenured, The Sixth Amendment does not cover administrative proceedings. It covers criminal trials The Sixth Amendment does cover private discipline. At worst, this is a Fifth Amendment issue, because perhaps the students were denied due process via their stigmatizing. There also might be a First Amendment issue that cuts in your favor as perhaps the press (and the public) has some right to know what that school is doing.

    Jody, There is nothing in that school’s policies that say that an F is the automatic consequence for any plagiarization. Moreover, ascertaining whether something is plagiarized or just derivative or uncited is very often a matter of some interpretation. Actually, reading ANY text is a matter of interpretation.

  • Posted by Lee at Art Institute of Atlanta on November 13, 2008 at 9:40am EST
  • Students used to be kicked out of university when they were caught cheating. I'm in favor of bringing that back.

  • Due Process for Adjunct?
  • Posted by Meritless , Faculty at Shenandoah University on November 13, 2008 at 9:40am EST
  • The adjunct puts "public humiliation" in his syllabus and administration takes no notice. Then he follows-through on his syllabus promise and administration fires him.

    What a failure of management.

    Would it be too much, in an institution that cares so much about due process, to counsel the faculty member? As an adjunct, he has probably had limited training and supervision.

    BTW -- Thanks, Inside Higher Ed, for pointing us to the adjunct's blog. There's a word for that, in online publishing: effective journalism.

  • Good on You!
  • Posted by Cicero on November 13, 2008 at 10:00am EST
  • I applaud this instructor. The truth he has hit on is that without shame there can be no honor. If more people were forced to realize that their actions have consequences, everyone would behave better. I think we ought to publish the names of plagiarist in the school newspaper!

  • Posted by administrator on November 13, 2008 at 10:20am EST
  • As an administrator, I applaud faculty who take plagiarism seriously. However, in this country (last time I checked anyway), one is innocent until proven guilty. If a faculty member at my school accuses a student of plagiarism, one of two things happen. First they sit with the student (one on one) and present the evidence If the student admits the wrong and accepts the grade penalty, then we are done OR, if the student denies the charge, this is sent to student court. There, a committee of faculty and students overseen by the dean of students, hears both sides and then makes a ruling as to whether or not the situation was plagiarism/cheating. If found guilt by this "court", then the grade penalty stands (this is appealable to the president). The court can recommend an added punishment up to and including expulsion (generally reserved for repeat offenders). I have had faculty who don't follow this process. They hold the accusations until after the final exam and then refuse to confront the student - they just issue an F and tell them to speak to the administration when the student comes to complain about the grade. Or they tell them that their hands are tied and that if they want it overturned go talk to the division chair.

    We may not like this, but we do have rights and those rights extend to students. And students can get off on technicalities when we go outside of the prescribed rules and processes. If you don't like the process at your institution, then work with the administration to change it. You may have to convince some of your colleagues as well, because some faculty refuse to look for plagiarism because they don't want to have to deal with it.

  • It's all about the money
  • Posted by Ollie , Professor on November 13, 2008 at 10:35am EST
  • Of course the faculty aren't supported. And without the support the faculty back off penalizing the cheater/thief. And, what does giving an F actually mean as punishment. In all likelihood the student was going to get an F in the course anyway. So, why not take the chance!

    The academy no longer controls the learning process outcomes. Very sad indeed.

  • Messing with Lawyers
  • Posted by Diogenes on November 13, 2008 at 10:50am EST
  • Did the administration realize that the "adjunct" they just fired is a former attorney, business owner, a leader in the community doing the school a favor, and that he analyzed FERPA with his department chair before he posted the material on his blog? Guess not. They just assumed he was another academic working veck desperate and powerless. I wonder what the consequences will be for their knee jerk reaction? I can guess a few.

  • Posted by J.P. on November 13, 2008 at 11:00am EST
  • Both the students and the professor should be severely punished. They cheated and he violated federal law by disclosing information about disciplinary records. Faculty should spend more time learning about the law instead of being ignorant of it.

  • Posted by Ronnie on November 13, 2008 at 11:05am EST
  • Larry, I think you need to go back and re-read FERPA laws. Education records include any record maintained by the institution that is related to the student (in whatever format or medium) with some narrowly defined exceptions:

    Records in the "sole possession of the maker" (eg private advising notes)

    Law enforcement records created by a law enforcement agency for that purpose

    Employment records (unless the employment is based on student status). The employment records of student employees (eg work-study, graduate teaching assistants) are part of their education records.

    Medical/psychological treatment records

    Alumni records (ie those created after the student was enrolled)

    Race, gender, SSN, grades, GPA, country of citizenship, or religion cannot be publicly released unless the school has designated one of these as Directory information and I seriously doubt they designated grades as directory.

    There is no question these students should have received an F for cheating but the instructor is risking the University's federal financing by publicly releasing their grades. Should he be fired for it? That's up to the school to decide but there is no question he violated FERPA laws.

  • What a disincentive to faculty!
  • Posted by Ida , Professor on November 13, 2008 at 11:25am EST
  • Plagiarism is rampant in our "copy and paste" environment. Another faculty member and I have developed plagiarism workshops to addres this issue by teaching students about plagiarism.

    However, if institutions do not support faculty who stand up for integrity in writing, there is little or no incentive for faculty, especially adjuncts who serve at the "pleasure" of the university, to encourage integrity in schoolwork.

    In addition, as several have mentioned, the University argues for due process for the alleged cheaters, but none for the faculty--who is subject to a public firing. Talk about a double standard!

    I imagine it will be a long time before another faculty member charges students with plagiarism.

  • Posted by Michael Pyshnov on November 13, 2008 at 11:33am EST
  • But, what if we say that student's plagiarism is not exactly a crime, that it is cheating, bad behaviour? And then we say that students are in the process of learning and that they should be learning collectively, learning also from the mistakes of other students. And we quote in the classroom their mistakes and shame them and so on. Wouldn't this be productive, exactly as it was productive for centuries, before we were told all the nonsense by Dr. Spock?

    There is, to be sure, a criminal plagiarism; this is when a professor plagiarises the research of his PhD student. And this is never called a crime, right?

  • FERPA and syllabi as contract
  • Posted by bradley bleck , instructor at Spokane Falls CC on November 13, 2008 at 11:41am EST
  • Larry probably doesn't need to re-read FERPA. The Supreme Court has already declined to declare whether individual grades or course grades are part of the "record." They allowed students to correct each others tests and state the grades out loud so the teacher could record them in the only case regarding FERPA I'm aware of. The Court specifically declined to rule on whether grades at this stage of the process could be considered part of the student's record. If anything, the instructor has reasonably solid precedent to protect the legality of his behavior.

    Further, while I can't speak for Texas, in Washington (state that is) a syllabus is considered a contract between the teacher and student. If the terms of the syllabus/contract are made clear, and the student agrees to them (implicitly by staying enrolled in the class and completing the work, whether legitimately or otherwise) then the instructor is perfectly within his/her rights and obligations to follow through on the terms of the agreement.

    I doubt I would have done what the instructor did, but if he made the consequences clear and students still plagiarized, particularly if it was intentional, then the students shouldn't have called his bluff. As for violating FERPA, precedent says he's safe there as well.

  • "records" v "educational records"
  • Posted by Larry on November 13, 2008 at 11:45am EST
  • Ronnie, I know FERPA quite well. The problem with your argument is that while “educational record” is defined, “record” is not. I would be with you if the professor was disclosing the student’s birthdays, but I have argued that 1) reviews of students’ work is not covered under the act; and 2) the student’s work is not covered under the act as well.

    While your argument is a good one, it risks taking everything that a school happens to come into possession of, and turning it into protected material.

    FERPA, by the way, binds (most) institution, not professors or instructors.

  • I can't see how this could go wrong!
  • Posted by Bill on November 13, 2008 at 12:10pm EST
  • The students in question knew the rules, willfully chose to break them. Professor Young probably knew of FERPA and chose to publish private information anyway. The administration is practicing plausible deniability and general legal slipperiness. We have three wrongs here! Each party has the right to due process and responsibility. The students who cheated will be reviewed by the “Honors Council” (applicable name) and probably be rewarded some kind of a high passing grade as the University doesn’t wish to go to court over FERPA violations. Professor Young in his high road approach could/should have brought the public attention of the plagiarism and not mentioned grades. The implication was there from his course syllabi.

    There seems to be this compunction to re-define plagiarism, because some people find it distasteful to humiliate cheaters. Here is message… The winners --The students in question get what they want; a grade and the administration stays out of court. The Losers … the other students who work hard and do it right, everyday. Professor Young will probably never be able to teach again and is the benefactor of the public humiliation.
    Maybe the word that needs redefining is……. “Honor”

  • Posted by Administrator on November 13, 2008 at 12:10pm EST
  • Due process is a right in this country.

    The students have a right to due process. Did, when accused, they have a chance to appeal to someone other than the instructor? Sounds like, if they wanted, they should have been able to have a hearing before the honor board of the institution. If they had the hearing and were found guilty, then the syllabus said he'd publicly humiliate them. They have recourse for this, of course - in the court system.

    The instructor has a right to due process. But, at my institution, we can simply choose not to use an adjunct again - no reason given. If they removed him from class in the middle of the term - then they must believe that he violated college policy. Again - he has recourse - he can sue.

    There is much blame to go around. The students shouldn't have plagiarized. The instructor, in my opinion, should resort to public humiliation - I believe this to be a FERPA issue. The chair should have checked his syllabus and told him that this policy would not be acceptable at the institution. IHE should not have linked to his blog with the student names published.

  • Why Am I Not Surprised?
  • Posted by Ex-Professor on November 13, 2008 at 12:50pm EST
  • I always included a clear NO PLAGARISM policy in my syllabi and clearly and emphatically brought it to my students’ attention. However when I caught a graduate student who had submitted two papers that were copied in their entirety from easily identifiable sources and asked my chair to bring this to the attention of the Dean of Students for further discipline (as university policy required) I was instructed that I couldn’t just give the student an automatic F in my course, asked to reconsider failing the student, and to take pity on the student and not report him to the Dean. After receiving an F on the two papers the student decided to drop the course. Since it was at the end of the semester I had to approve the drop, which I did, but I also indicated he was failing the course at the time of the drop. This essentially added an F to his academic record. He then complained to my Chair, who asked me to remove the check from the failing box on the drop slip. I didn't, but I'm no longer teaching in that program.

  • Posted by Math Prof on November 13, 2008 at 1:25pm EST
  • FERPA needs to be amended to allow the publication of disciplinary decisions against students. When I was at Va Tech in the 80's a list of the names of students caught cheating was published in the school paper along with the penalties. They got they due justice and the other students got the message that cheating was wrong.

  • Justice? Does not violate communities.
  • Posted by Tim Shearon , Professor on November 13, 2008 at 1:25pm EST
  • Those who are "baffled" by this result are, I think, missing something. At our institution it is certainly within the rights of any instructor to fail a student who plagiarizes work. The student didn't do the work- that's a zero and in most instances will result in the grade deserved. However, there is then the violation to the community. The student's behavior should be reported within the strictures and systems of the community of that college. That's what honor systems and related College and University behavior codes are about. Clearly to engage in a one person vendetta against a few students to "whack the hive" shows a faculty member who has no place in that community (and who is willing to expose his/her University to legal and civil penalties). I don't believe this professor's behavior and the University's response at all threatens the faculty as a whole's response to incidents of student misconduct. Just my humble opinion though.

  • Plagiarism
  • Posted by Econmavin on November 13, 2008 at 2:00pm EST
  • Several years ago, as an adjunct faculty member, I failed a student who handed my own term paper in to me. It had been in a different college library, where I did some graduate work,as an example of what a Term Paper should look like. When I failed the student, he protested that I didn't follow the policy stating that an academic review committee had to approve any sanctions for plagiarism. The college backed the student.

  • Posted by Raul Castro , Freshman Honors Student on November 13, 2008 at 2:15pm EST
  • As a Freshman at TAMIU I for one find it insulting that people blindly take the side of Young and claim that TAMIU is wrong. As a matter of fact 99.9% of students that are caught cheating are failed and just because we have a system of review does not mean that they are automatically forgiven. TAMIU is an honorable and respectful university and yet many take the side of the angry businessman who believes he did nothing wrong. I for one believe that these journalists that try to justify Young's actions need to look into their research. Young insulted the institution from day one and he recieved his inevitable punishment. I choose to stick to my University on this.

  • FERPA
  • Posted by Brian on November 13, 2008 at 2:25pm EST
  • I know it may seem strange to some that everyone is getting so bent out of shape over the fact that a professor was fired for violating FERPA. However, I absolutely believe that they were right to fire this professor, and it has absolutely nothing to do with grades. It has to do with security.

    FERPA was put in place not only to protect a student's academic progress, but also to guarantee their safety on campus. It's scary the details that people can pick out just by knowing a student's academic history. If any of these students are hiding from abusive families, or being stalked by ex lovers, than the revelation that they attended and failed this professor's class could put their own personal safety in jeopardy.

    Personally, I think if you want to humiliate a student, there are better ways of doing so. For one, bring them before a board of professors and administrative officials, then kick their tails out of school. I guarantee, they'll be sufficiently humiliated.

  • Posted by Cayo on November 13, 2008 at 2:55pm EST
  • I was intrigued by Young's assertion that where the students "published"/posted their papers changed the nature of their work and responses to their work. On his blog, he notes that "the students themselves posted the essays on a publicly viewable site." Thus, presumably,the charge of plagiarism could have been made by a member of the public, not just the professor. And, he suggets, that as public intellectuals they thereby are accountable to a public beyond their professor and their institution.

  • No Sympathy For Cheaters, No Empathy For Thieves
  • Posted by Scrawed on November 13, 2008 at 3:40pm EST
  • Young should be backed 100% on his actions. Plagiarism is a big problem in higher education. It has been compounded by profs and administrations who are content with "slap on the wrist" warnings or less - ESPECIALLY when the perpetrators are minority and/or international students. There are now whole categories of academic endeavor where plagiarism is endemic. The worst by far are engineering, computer science, and business.

    Furthermore, institutions that support plagiarism and cheating students fully deserve to be "outed" - all they are doing is screwing over legitimate students in favor of people who are incapable of doing their own work, but who are adept at "working the system."

    What is the cost of plagiarism and intellectual theft? Intel recently faced the theft of $1 billion dollars in IP theft by an employee. How many honest employees were thrown out of work to allow THAT to happen?

  • For Larry
  • Posted by Unapologetically Tenured on November 13, 2008 at 4:35pm EST
  • I'm fully aware that the Sixth Amendment does not apply to this case. I was merely taking issue with the professor's suggestion that the purpose of public trials is to humiliate.

  • Plagiarism a Crime?
  • Posted by Christine Valada on November 13, 2008 at 4:35pm EST
  • Plagiarism isn't a crime, it's a tort. That's a civil wrong, not a criminal offense. There are some forms of copyright infringement which have criminal penalties, but what was discussed here isn't even close.

    There are days when I think that public stocks on the college mall would indeed be the best way to handle this problem.

  • Posted by a dude in academe on November 13, 2008 at 5:00pm EST
  • No one seems to be asking *why* academic dishonesty is on the rise, and whether punishment (with due process or not) is an appropriate response. What if, for example, cheating is a rational strategy for students who have been told that the only reason they are in a class is for a grade, and the only reason for a grade is to get a degree, and the only reason to get a degree is to get a job, and the only reason to get a job is to make money, and the only reason to make money is to buy stuff? If you are not in a class to actually learn, but to get a grade/degree/job/money, then why wouldn't you find the quickest, easiest route to the bottom line? We educators are the ones who have transformed students into customers, and learning into a commodity to be bought and sold. So if our students are cheating, shouldn't we be pointing the finger at...ourselves? Will punishing students harshly bring us back to the original mission of education--to learn stuff, not to buy stuff?

  • Posted by Ronnie on November 13, 2008 at 6:00pm EST
  • Maybe I've always been the one to err on the side of caution but, yes I feel almost everything that a school happens to come into possession of is protected material unless the University specifically defines it as Directory Information.

    Here are a few cut and pastes from the Department of Education website:

    "Disciplinary action or proceeding" means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution."

    To me that would include the penalties given out due to acts of plagiarism.

    "Disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means."

    Again, in my opinion, that would include putting someones name and associated grade out into cyberspace.

    "Education records"

    (a) The term means those records that are:

    (1) Directly related to a student; and

    (2) Maintained by an educational agency or institution or by a party acting for the agency or institution."

    That appears to be pretty specific as grades are directly related to a student and an instructor is a party acting for the institution.

    "Record" means any information recorded in any way, including, but not limited to, hand writing, print, computer media, video or audio tape, film, microfilm, and microfiche."

    That's pretty much everything that a school happens to come into possession of is protected material.

    Again, I'm not saying the instructor should have been fired if he has otherwise been a model instructor but I just think it's hard to argue that no FERPA violations were involved. But I'm no lawyer, I'm just a lowly, underpaid worker in an Office of Enrollment Services.

  • Vigilante Justice
  • Posted by history_mom on November 13, 2008 at 6:15pm EST
  • I will preface this comment by saying that I think the professor was wrong to publicize the names of the student plagiarizers and the university negligent for not noticing the statement in his syllabus.

    But I do wonder...

    FERPA allows information about a student's academic record to be released with the student's consent. Since all six of the students had read the syllabus (a binding contract), knew what punishment the professor intended in cases of plagiarism, remained enrolled in the course and submitted materials to satisfy course requirements, does it not imply consent to the contract?

    I admit, I am no lawyer but it seems to me these students tacitly consented to the professor's terms and, while unethical in my opinion, the professor should not have been fired for violating FERPA (the violation being ambiguous at best). Of course, it is well within the university's rights not to renew Young's adjunct contract.

  • No benefits from constructing classes of privilege
  • Posted by Prof Ed on November 13, 2008 at 8:30pm EST
  • These people who are making enforcing a plagiarism issue into a national security issue should get a life. Worse things are written about college instructors every day on Rate My Professor and similar sites. About all this adjunct did was to enact the same treatment on students. If college administrators gave a rat's rear end about quality of education, they would exert equal efforts to treat their students and their professors with equal respect.

    Law is about justice--not creating protected classes that allow one to victimize the other. That is never what FERPA was about

  • Syllabus is not a binding contract
  • Posted by Probate Lawyer/Student on November 13, 2008 at 9:10pm EST
  • History Mom asked: "Since all six of the students had read the syllabus (a binding contract), knew what punishment the professor intended in cases of plagiarism, remained enrolled in the course and submitted materials to satisfy course requirements, does it not imply consent to the contract?"

    A syllabus is not technically (or legally) a contract. A contract generally requires both parties to sign something stating that they have read it and understood the terms. People lose syllabi, professors don't follow them, some students don't even look at them, etc... as such, we can't assume that the folks in this class read the "contract" and agreed (tacitly or explicitly) to abide by it.

    Although I feel badly for all involved, including the instructor who was approached by the university to teach this course, I think that posting people's names on a public website is not the way to go. My understanding is that grades are definitely covered under FERPA unless a student signs an agreement (usually with the transcripts dept. of the Registrar's Office) to release those grades to others.

  • Posted by I see hypocrisy on November 13, 2008 at 10:00pm EST
  • How many comments did it take before Prof Ed hit the nail on the head by noting the similarity between this case and Rate My Professor?

    Therein lies the hypocrisy of the Academy: Students are allowed to lie and defame their profs with complete immunity via anonymity, but profs can get fired for revealing the academic crimes (verifiable with EVIDENCE) of the students (who really should just be expelled).

    Plagiarism is no longer something wrong. It's just a common behavior excusable with a neck shrug and "My bad!" from students, administrators and businesspeople who are caught doing it.

    I, for one, am disgusted.

    P.S. history_mom just made the best argument for why FERPA was not, in any way, shape, or form, violated. The students consented to being potentially revealed as plagiarizers by not dropping the course in week 1. 'nuff said.

  • What is the meaning of 'is'?
  • Posted by at a Texas university on November 13, 2008 at 11:10pm EST
  • Posting students' names aloneon a public site without their permission, even without listing an infraction or grades, is immature at best.

    These students are just modeling the immature behavior of their teacher. My guess is that he signed some sort of contract (you could call it a type of syllabus) with TAMIU stating that he would follow their policies. He did not follow either the spirit or the letter of those policies. In essence, he broke his own rule. If this professor expected high standards of behavior for students in his class, he might have best started by modeling that behavior.

    In addition, he also broke the spirit, if not the letter of the FERPA law. Perhaps the faculty on this site who are questioning FERPA should just take their example from staff at their University. The staff typically have more common sense and almost definitely model higher-level social skills, like honor, anyway. Most staff (remember those are the people who truly make any university operable) would practically cut out their own tongues rather than release information about a student.

    Finally, with all the discussion of what FERPA does and does not entail and all the "grey" area to be taken into consideration, one might wonder if perhaps the same grey area exists with plagiarism. If you all, in your infinite wisdom, can't decide on what FERPA means, why in the world would you expect your students to truly know what plagiarism is? I haven't read the guy's syllabus but I would be willing to bet that his description of the punishment was probably longer than his definition of the crime.

    Fortunately, Texas is a right-to-work state and it is not the right of an adjunct professor to decide whose hive needs beating.

    I'd also like to add that just reading about the supposed plagiarism of administrators in a newspaper doesn't make it true. Clearly some of the faculty commenting here need to learn how to reason for themselves, rather than simply believing something in print for which there is no evidence. The most recent example of this is an article posted in IHE about a wonderful administrator in TX who appears to be the victim of an anonymous witch hunt led by some disgruntled faculty. Even the press to which the anonymous faculty sent the information didn't believe that plagiarism had been committed. Yet now, someone's reputation has been ruined because of accusers who believed so little in their own investigation prowess that they ANONYMOUSLY passed along information about a dissertation completed before I was born.

    As a staff member/instructor/doctoral student, per usual, I find the immature behavior of prima donna faculty to be much more interesting than the crime on the part of the students. There are precious few posts here which reflect reasoned judgement, leaving me little hope for the education of young people coming up behind me.

    Then again, the same people appear to be posting over and over. Hopefully the real faculty are out there doing their jobs, teaching and research.

  • Most contracts not written
  • Posted by Gavin Moodie , Principal Policy Adviser at Griffith University, Australia on November 13, 2008 at 11:15pm EST
  • Probate lawyer/student is mistaken in writing that 'A contract generally requires both parties to sign something stating that they have read it and understood the terms.' Most contracts are not written but are oral, for example a contract to buy a book, ride a bus or visit a dentist.

    The Statute of Frauds' requirement for agreements to be written apply in very limited circumstances - different in each jurisdiction - such as the sale of real estate and insurance contracts.

    In this case the contract is between the student and the college and is probably partly written and partly parole. In my view the syllabus statement is likely an important part of the contract, but as probate lawyer/student notes, may well have been complemented or modified by conduct or oral statements.

  • Don't Knock FERPA, Fix it!
  • Posted by Frank G. Splitt , Member at The Drake Group on November 14, 2008 at 4:20am EST
  • No doubt the NCAA would fully back the application of FERPA to this case. Why? Because the NCAA uses FERPA to shield the academic corruption that enables their "student-athlete" ruse.

    Thanks to Matthew Salzwedel and Jon Ericson, we now have an approach to resolving the vexing problem presented by the Buckley Amendment to FERPA. Salzwedel and Ericson co-authored a breakthrough WISCONSIN LAW REVIEW Article, "Cleaning Up Buckley: How The Family Educational Rights and Privacy Act Shields Academic Corruption In College Athletics."

    The authors first explain the Buckley Amendment and its impact in painstaking detail and then go on to make a compelling case for simple changes. These changes would permit an appropriate level of disclosure ... disclosure that would neither be harmful to students nor represent an invasion of their privacy. Nonetheless, the changes would lead to exposure of institutional misbehavior via publication of information about the academic courses that athletes take, as well as their choice of professors and academic majors.

    The author's proposed mechanism would be to: 1) Modify Buckley (or related regulations) by inserting the word "courses" after the words "major field of study" as directory information, or, 2) Add to (or replace) the (current) statutory requirement of disclosure of graduation rates with the phrase: "academic records of members of student groups such as athletic teams sufficient in number to protect the privacy of individual students."

    Over time, the changes would work to ensure that college athletes are getting a legitimate college education. My recommendation would be to argue for both modifications with the "add to" variant in the second recommended modification. In any case, I wholeheartedly agree with the authors closing statement: "And now, more than ever, these changes are needed to
    protect the public trust from the closed society of higher education." Surely, the changes would minimize the need for "whistleblowers."

  • Criminal plagiarism
  • Posted by Michael Pyshnov on November 14, 2008 at 4:25am EST
  • Christine Valada (Plagiarism a Crime?) says that plagiarism is "a civil wrong, not a criminal offense".

    In fact, it depends on the circumstances. US court has ruled that a supervisor of a research student has fiduciary obligations. If he plagiarises the student's ideas, research, etc., he commits fraud and can go to jail for fraud. It's the same case as with many corporate employees who used some information for personal gains and are now in jail.

  • I'm Not Really a Probate Lawyer, but...
  • Posted by Probate lawyer/student on November 14, 2008 at 4:25am EST
  • Okay, I confess, shoot me if you will: I am not really a probate lawyer. That said, however, I think the important thing to understand about contracts is this:

    "A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law."

    Alas, in reading the instructor's syllabus, the students did not tacitly or overtly "exchange promises to do or refrain from doing an act." The "parole" argument that the Australian fellow offers is invalid in this context, since no speech act or written act was necessarily performed by the students in reading the syllabus, other than perhaps a silent "Yeah, right."

    Moreover, a syllabus is not a "contract" that most people would consider to be enforceable in a court of law. It is a classroom tool, perhaps enforceable in a campus context, but certainly not the kind of document that one could present in court and reasonably argue: "See here, I told those students that I would shame them on my website if they plagiarized." The terms of the initial contract were vague, to say the least, and "public humiliation" is not the same thing as spelling out that I will use the internet as a weapon to shame you.

    But it seems in this case that the instructor was acting less out of malice or sadism than out of a misguided sense of justice. He was invited from the outside world to teach this course, and when he taught it in the manner that he saw fit, he was the one who was punished. I guess the university and the instructor should and the lazy students think twice next time before engaging in contractual agreements where the rules are not clear to one or more parties.

  • Plagiarism
  • Posted by Jerry on November 14, 2008 at 4:25am EST
  • I have read the instructor's article on those students, who he says plagiarized their research paper, and that he would publicly humilate them for doing so. First, all he did not personally checked if in fact that actually happened, his staff did it for him. Secondly, I read FERPA and according to FERPA, and I will quote FERPA,"School officials with legitimate educational interest;

    Other schools to which a student is transferring;

    Specified officials for audit or evaluation purposes;

    Appropriate parties in connection with financial aid to a student;

    Organizations conducting certain studies for or on behalf of the school;

    Accrediting organizations;

    To comply with a judicial order or lawfully issued subpoena;

    Appropriate officials in cases of health and safety emergencies; and

    State and local authorities, within a juvenile justice system, pursuant to specific State law."

    Nowhere does it say the instructor is right in doing what he says can do. The law at times is subject to interpretation, even though at time the law is clearly written, people still interpret the law as they see fit or justify their means. I understand he was an attorney so he might be right, then again he might not be. I might add that though I do not approve of plagiarism, but I understand how those students might be feeling, who is to say they did it intentionally and what if they did not, he says other students' papers fall under the "grey area" as he calls what's to say those students were not in the a'grey area" after all like I said he did not check personally someone else did. I think those students should have been allowed to defend themselves or have gone through a review board and have the University make the decision as to what penalties they should given as per University policies. What he did is totally wrong and he is way out of line.

  • Vigilante Justice
  • Posted by history_mom on November 14, 2008 at 4:25am EST
  • Actually, when it comes to grade disputes, deviation from the syllabus can be viewed as a breach of contract with the students (especially in cases where material is added to the course) and make a settlement tend in the student's favor. As far as the university is concerned, the syllabus can be considered a binding contract under certain circumstances.

    My next question: would this professor's position be any different if the students had signed a statement saying they had read the syllabus and understood its terms? In my own classes, I had students sign a separate information handout on plagiarism which spelled out the consequences of such action. If I had included in the signing statement that I intended to publish the names of violators, would that let me off the hook as far as FERPA goes?

    And the student at a TX university: plagiarism is far less ambiguous than FERPA. The problem is that most students enter university never having been taught that failure to cite one's sources is plagiarism (most seem to think it only applies to outright theft of someone else's work) or with HS teachers so overburdened by their workload they cannot enforce academic honesty (usually because they don't have an hour or two to spend Googling parts of a student paper).

  • Agreement by conduct or by words
  • Posted by Gavin Moodie , Principal Policy Adviser at Griffith University, Australia on November 14, 2008 at 7:00am EST
  • Unfortunately the person signing their comments as 'probate lawyer/student' is taking a far too simplistic and literalist approach to the law. Many contracts are formed without words but by conduct alone. Obvious examples are purchases from vending machines and getting on a train.

    While there may have been some doubt until, say, the 1980s, the relationship between student and college is now clearly understood to be contractual. Students can and do sue colleges in contract for misrepresentation and failure to provide the services promised.

    That is not to say that a court will enforce every term introduced by a party to a contract. A court may well strike out a term as being unusually oppressive and not sufficiently brought to the attention of the other party, which may well be the outcome in this case were it ever litigated.

  • Posted by Perryville on November 14, 2008 at 11:25am EST
  • "I will promptly and publicly fail and humiliate anyone caught lying, cheating, or stealing. That includes academic dishonesty, copyright violations, software piracy, or any other form of dishonesty.”

    Yes, Students should be warned about plagiarism. But there are ways of doing this without issuing a dare.

  • Posted by Ronnie on November 14, 2008 at 11:25am EST
  • Everyone keeps talking about what constitutes contract law but it is a moot point. Many contracts may indeed be formed without words but FERPA is specific. It states...

    a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in § 99.31.

    (b) The written consent must:

    (1) Specify the records that may be disclosed;

    (2) State the purpose of the disclosure; and

    (3) Identify the party or class of parties to whom the disclosure may be made.

    That's not ambiguous... stating you will humiliate a student caught cheating is not getting signed and dated written consent. Now if the instructor stated on their syllabus that persons caught cheating would have their names and grades posted on a specific website that was listed for all the world to see and then he had the students sign and date it giving permission to do so, he would probably be covered. In none of the articles I have read does it appear that is the way it was handled.

  • Posted by Alan Peterson , Assoc. Professor at Gordon College on November 14, 2008 at 12:00pm EST
  • I am a college professor; I believe the public humiliation is a violation of student privacy federal law. Truth is not an excuse to violate an adult's privacy that is promised at the time they enter the college.

  • plagiarism
  • Posted by skeebo on November 14, 2008 at 12:30pm EST
  • Educational "compassion" is crippling an entire generation of students and threatens to bring down an entire nation and culture. Plagiarism violates basic principles on which this country was founded:honesty,work ethic, and Christian ethics. Hooray for the professor.
    As a retired teacher, I must say that most of these students got through high school without ever reading a book or writing a paper. If required to do so, they resorted to Cliff notes or other such source and their papers were also plagiarized. It has worked for them in the past and they, in most cases, truly do not know any other approach. Lessons in "real life" often come at a high cost!

  • Several thoughts on how to deal w/ misconduct
  • Posted by Dan on November 14, 2008 at 2:45pm EST
  • I think that the disclosure does violate FERPA - and also student due process - if posted before the opportunity of an appeal has expired or that appeal denied.

    I have a reputation at my university of being, and I quote a recent graduate, "a total hardass" on misconduct - and for my troubles was named chair of my school's academic misconduct committee as a way of ensuring that any appeals be heard with an eye towards supporting cases where there is sufficient evidence without any "compassion discount." And I believe in the necessity of appeals because I have seen a case (as in one, out of several dozen) where it was clear that the faculty member had it in for the student, who used language that really was common usage when paraphrasing - and they had previously had several personality conflicts.

    That said, I always announce the first day of class that I have previously failed students for misconduct, that it is the minimum penalty, that I have had 8 students expelled from the University (the real reason for the "hardass" reputation). And I announce in class if anyone in that class has committed misconduct - without naming names. It's a sufficient deterrent - names are unnecessary.

    More usefully, I also require that all written assignments go through turnitin. Since I started requiring this, I've had only one significant case - and the giveaway was that the student had a "technical problem" with turnitin and thus "couldn't" submit it. The real value of the website, so far as I can tell, is preventive - students know that, even if I don't have the time to police them, the computer does. Moreover, they're thinking more actively about how they use materials, and even their use of proper citation form (including punctuation) is improving.

  • Oh come on... you want to sue a vending machine?
  • Posted by Probate lawyer/student on November 14, 2008 at 10:50pm EST
  • Gavin Moodie wrote: "Unfortunately the person signing their comments as ‘probate lawyer/student’ is taking a far too simplistic and literalist approach to the law. Many contracts are formed without words but by conduct alone. Obvious examples are purchases from vending machines and getting on a train."

    You go, Gavin! Come to the States and sue a vending machine the next time it takes your money and does not give you a train ticket. We'll see how far your sophisticated and figurative understanding of "contracts" takes you. :)

    I suggest you try to view the "contract" the way that most lawyers would understand it: as a legal and binding document.

  • You have got to be kidding me
  • Posted by P/O-ed at academic shams on November 16, 2008 at 5:10am EST
  • Has no one else realized the students in the class were warned REPEATEDLY to read the syllabus and follow the directions provided therein?

    This is the problem: We have barely qualified law students who want to redefine the contractual basis between a student and college [and professors as agents of them], all in the name of defending some sort-of violation of "privacy" that revealed the names of students who openly published [on the course web-site] plagiarized information. What does one do in that case? NOT tell the class that the content should be avoided? "OK, everyone, let's all ignore those 5 papers this week, shall we? I can't say why... *wink*wink*"

    Keep in mind...these seem to be students WHO DID NOT READ THE SYLLABUS.

    Syllabi get longer and more complicated every term to cover any potential eventuality that unqualified and potentially stupid "students" might enact, and no one seems to care that this sort of inane capacity to IGNORE COURSE POLICIES and perform college-level skill [like NOT stealing someone's ideas, words, or other intellectual labor] continues without as much as a reprimand to most of the perpetrators.

    Why did I work so hard for my degrees when I could have paid 10% for one of the empty diplomas so easily "earned" at one of these mills-masquerading-as-colleges?

  • The Instructor's Response
  • Posted by John C. on November 16, 2008 at 9:00am EST
  • http://www.iycc.org/node/351

    Response to the University

    November 12, 2008 - 11:34am — Loye Young

    The Laredo Morning Times ran a story this morning about plagiarism at TAMIU. In it, the University defended its recently weakened policy towards plagiarism and accused me of violating the law. The following is the response that I posted to LMT's website:

    "The University's contention that I violated any law underscores just how deceitful the University has become. Before posting the students' names, I analyzed FERPA at the department chair's request. Being a former lawyer, I carefully read the Act and related regulations and submitted my written analysis to the University. To date, no one has expressed to me any fault in the analysis or with my conclusions.

    "A statement of my intention to comply with TAMIU policy by automatically failing the students who publicly posted plagiarized work clearly is legal and should be supported by the University. To do otherwise further encourages cheating and makes a mockery of honest students' hard work.

    "It should be pointed out that I am a businessman in Laredo and was asked to teach the course as a favor to the University. I agreed to help because I believe Laredo can become a world-class technology center. I spent much more time on the course than the $3,000 per semester that the University pays. I would never have accepted the invitation had I known how little the University cares about actually educating its students or how desperate the University is for revenue.

    "Truly, the University has wasted my time and the time and money of its students."

    Happy Trails,

    Loye Young
    Isaac & Young Computer Company
    Laredo, Texas

  • A few comments and clarifications
  • Posted by Loye Young at Isaac & Young Computer Company on November 17, 2008 at 12:15pm EST
  • I've followed with great interest the comments posted to this article, and I've been amused at the extrapolations some have made from the available data. I have a few comments and clarifications that may be helpful to the community.

    It's not surprising that TAMIU faculty who cannot or will not read the law are protecting students who cannot or will not read the syllabus. FERPA is simply not an issue here, and it's note even a close case. DOE regulations and the court decisions construing with the Act are clear. In fact, the department chair had previously asked me to analyze FERPA in the context of my course, and my written analysis was distributed to everyone up the chain of command, including President Ray Keck and Provost Pablo Arenaz. No official from the University, the Texas A&M System, or the State of Texas has expressed to me any fault with my analysis or its conclusions.

    Students have no privacy rights with respect to content the students themselves post publicly online. The students were warned in advance of the public nature of the coursework and the consequences of plagiarism and were given an opportunity to drop the course without penalty. In fact, the students' act of publishing their work on a public website was itself written consent. To date, no student has raised privacy concerns to me (though one has raised ex post embarrassment concerns).

    Further, no "educational record" was ever created. I never recorded any grade. I simply did what I said in the syllabus I would do, stated my intention to follow University policy, and noted that the students have appeal rights.

    All students had and still have the opportunity to respond, privately and publicly. Out of the six, only two have contacted me. One student admitted guilt but argued the infraction was not worthy of a failing grade. The other claimed she did not know she was supposed to cite her sources, a claim I find specious and in bad faith.

    I personally read each plagiarized essay and made my own determinations, and statements to the contrary are simply false and ill-informed. After I first discovered a plagiarized essay, I had my staff search the Web and flag for me postings that were possible plagiarism violations. I reviewed each case and construed every ambiguity in favor of the student. I approved some essays my staff flagged, either because the student had sufficiently cited the source material or because I thought it was too close a case to warrant a failing grade.

    On a moral and pedagogical level, public disclosure is appropriate. Humiliation is a healthy part of a well-informed conscience and is singularly effective for correcting deceptive behavior and preventing recurrence. Those who practice deceit fear detection and notoriety above all else. Only the emotional pain of disclosure can reform deceit. My firm belief is that Syracuse did Joseph Biden no favor by keeping his plagiarism confidential. I believe that had the faculty done exactly as it did, but publicized its determinations, Biden would not have plagiarized for another 20 years and would not have ended his 1988 Presidential bid.

    The debate among faculty inside TAMIU has degenerated from "Why can't Johnny read and write?" to "Should Johnny read and write at all, and if so, should we grade it?" When reviewing the course syllabus with me, the department chair himself told me explicitly, "We have to baby students because they are not ready for college level work."

    Only in "The Wizard of Oz" can a diploma educate a scarecrow. Giving an illiterate student a college diploma is an artifice to the student and waste of taxpayers' money. The effects of dumbing-down TAMIU shows. TAMIU is graduating functionally illiterate students. Many if not most of the graduates of the business college simply cannot or will not read and follow simple instructions, and they certainly cannot write simple declarative sentences. As a member of the Laredo business community, I am horrified that TAMIU graduates cannot spell, punctuate, or even capitalize correctly. They don't know the difference between good and bad writing, and they don't understand why good writing skills are relevant to their careers.

    As a taxpayer and as an employer in Laredo, I am cheated of my tax dollars and deprived of an educated workforce from which to hire.

    I stand by my actions, and I appreciate the many supportive public and private comments I've received. I also respect and welcome those who openly disagree with me. This is a conversation long overdue.

    Happy Trails,

    Loye Young
    Isaac & Young Computer Company
    Laredo, Texas
    http://www.iycc.net

  • A climate of academic honesty
  • Posted by debbie on November 17, 2008 at 3:10pm EST
  • The provost's comment is the most telling:
    Arenaz, asked if he thought plagiarism was a major problem at the university, noted that he has only been there for a few months, and said he wasn’t sure. “I don’t have a feel for it at all. If I put five faculty in a room, I would get different interpretations of what it is.”

    Arenaz needs to take a leadership role supported by the faculty and students. Without a common set of understandings arrived at through regular discussion of the "gray areas" and a living policy that is reviewed regularly, the school lacks the culture to support academic honesty - in students or their instructors.

    http://www.noodletools.com/debbie/ethical/policytemplate.html

  • Posted by George on November 18, 2008 at 5:05pm EST
  • In my experience, an institutional claim of FERPA is generally related to some stonewalling tactic...or laziness, sometimes it is laziness as well.

  • Provost doesn't know?
  • Posted by P Whittenburg on November 19, 2008 at 11:55am EST
  • The provost doesn't know what the policy is and doesn't know about a standard definition of plagiarism? How did he get to be provost? While I disagree with publishing students' names, it does seem that if the university doesn't know if violating FERPA is grounds for dismissal, perhaps they rushed a bit in firing the professor.

  • Posted by Cheryl on November 28, 2008 at 4:05pm EST
  • If anything, Young's actions demonstrate just how lax institutions of higher learning have become with respect to intellectual integrity.

    There is aboslutely no justification for plagiarism in academics or in business, and those students who failed to learn that in elementary school, junior high or high school have to learn it some time to protect the rest of the world from their lack of honesty and integrity.

    The due process issues raised by the school are overreaching their authority. The students know the school's code of conduct when they matriculate. They know the professor's requirements when they sign up for a class. The professor maintains a uniform standard of zero tolerance. Due process has been more than satisfied, and the firing of a professor who took the standards seriously reflects extremely poorly on the standards of the school itself.

    If the school is more afraid of a few whiners than it is of a plummeting reputation for graduating quality students, then the school itself should be ashamed of itself. I hope that the consequences from this episode haunt Texas A & M until it changes its attitude and behavior.

  • Posted by no on November 12, 2009 at 8:15pm EST
  • For all you over achieving Professors out there, you should know something.

    People make mistakes.

    Not every person accused of plagiarism is a flaming cheater. I know this for a fact. Professors also make mistakes.
    Students go to college for an education. Making mistakes is part of that education. Humiliation and ruining someone's life is overkill and uncalled for.

    You know what? I don't think the students should be held solely responsible for this. If the professor does not make things clear, it is their responsibility as well.

    As to all you calling for the heads of students so cavalierly, remember that those who act like Nazis should be treated as Nazis. Have a nice day.