Student Cheating

Fall
2005
Resolution Number: 
14.02
Contact: 
Category: 
Grading
Status: 
Completed

Whereas, When a student has engaged in any form of academic dishonesty, the array of penalties that the instructor may impose on a student has been limited in some districts but not in others; and

Whereas, A 1995 opinion by Ralph Black, then legal counsel in the System Office, holds that an instructor may fail a student for the assignment on which that student engaged in cheating or plagiarism, but not award a failing grade for the entire course for one incident of cheating or plagiarism;


Resolved, That the Academic Senate for California Community Colleges investigate whether or not the interpretation of Title 5 Regulations and Education Code that does not allow an instructor to fail a student for an entire course for one incident of academic dishonesty, no matter how egregious, is correct; and

Resolved, That if the Academic Senate for California Community Colleges finds this interpretation to be correct, then the Academic Senate pursue a change in regulation or law that gives full discretion to the instructor as to the penalty for a student engaging in any form of academic dishonesty. MSC Disposition: Local Senates

Summary: 
Investigate whether or not the interpretation of Title 5 Regulations and Education Code that does not allow an instructor to fail a student for an entire course for one incident of academic dishonesty is correct; and if correct, then pursue a change in regulation or law that gives full discretion to the instructor as to the penalty for a student engaging in any form of academic dishonesty.
Status Report: 

The 06-07 committee met on January 19, 2007 with Ralph Black concerning his opinion that an instructor cannot fail a student in a class for academic dishonesty on one assignment. The topic was undergoing a general review of Title 5 by Black in consultation with SACC and the President. The 07-08 committee completed its assignment to be available for consultation. If further action is required it should be assigned to President or SACC representatives. An additional resolution was passed S08 (14.03)