<p>Okay, so I got caught with notes on my desk while taking a test. The instructor let me continue to finish my test, but we agreed that he would confiscate my notes at the end of class in case the college wanted to pursue an academic integrity investigation. I had no problem with that at all, but the school disclosed the infraction and notes to my employer. The instructor even went as far as making himself available to my job to discuss the incident and they turned over my notes to my employer to use as evidence.</p>
<p>My employer was footing the bill for my degree, but don’t I have rights under FERPA to keep this from happening?</p>
<p>Well considering as a parent I don’t think I’d have a right to the notes or the information even if I paid for school, I don’t see how the employer would have the right to see it.</p>
<p>You might have bigger problems then the employer seeing them if they know about them. Depends upon if you were really cheating or just forgot the notes. Good luck!</p>
<p>It really happened, and I lost my job due to the instructor and university giving the information to my employer. I thought that my academic records couldn’t be released to anybody? I even had to sign a waiver when I started classes that allowed the school to keep my employer updated on my grades. I was told that the school couldn’t even disclose my grades without my consent, but they can disclose information about a possible case involving academic integrity before the school even investigates!?! And yes, the waiver was for grades only.</p>
<p>I am just confused because I thought my information was protected according to FERPA, especially in a non-criminal case. And having notes out is considered cheating no matter the circumstances. But cheating should still be a part of my private academic records and not disclosed to anybody- right? I’m trying to fight this and having a federal law on my side would help. I appreciate any info.</p>
<p>I would seriously contact an attorney if you feel that the school violated your rights. You might have a decent case. I do not know what the dferma or the foot in the door bill is, but I was told that it is against the law for colleges to release personal academic records to anyone without your express and written consent. They cannot tell your parents let alone an employer. This seems really fishy… Can you please elaborate more on what the foot in the door bill and the dferma is???</p>
<p>If I were in your position, I would be incredibly infuriated right now</p>
<p>I agree that cheating has consequences. I would have gladly accepted the punishment the university decided was appropriate. But, the information was disclosed to my employer BEFORE the university had even decided to conduct an investigation. </p>
<p>I have spoken with a few attorneys, but the university in question is a major university. I can’t find anybody that is willing to go up against such a well funded institution.</p>
<p>Not that I’m trying to get a sympathy vote but… at the time I forgot to put away my notes I was recovering from a very recent surgery. I was heavily medicated and pretty spacey. But, I agree that it was still a violation of school policy and I fully own my mistake.</p>
<p>Since you did not have a guilty mind (you were not aware that you were cheating) I would take this matter up with my attorney. The school can not prove that you were cheating, you merely made a mistake.</p>
<p>The conclusion that was drawn by the school and conveyed to the employer is in my own opinion libelous and creates a situation where they breached their duty. I am not a lawyer, but I dont think you need Johnny Cochrane to win this one.</p>
<p>Did you sign a contract with your employer regarding their footing the bill for uni? I’d give that a look if you did, there may be a clause that says they get to be notified of Fs or XFs (or whatever your uni’s equivalent is for a failing grade due to cheating).</p>
<p>I mean, medical records are considered the holy grail of sealed information but with a few shakes of a pen you can give the military permission to look at them.</p>
<p>I would also make sure that they didn’t already “convict” you of cheating. The university may have made a very swift decision given that you were caught with notes on your desk. Make sure you are familiar with how the university’s student handbook says they handle these matters.</p>
<p>I even had to sign a waiver when I started classes that allowed the school to keep my employer updated on my grades. I was told that the school couldn’t even disclose my grades without my consent,</p>
<p>You probably need to read the fine print. It seems there was a relationship between the school and employer AND the student had already given consent for at least grades to be given to the employer… I wonder if there was also broader consent given as well… go read the fine print again!</p>
<p>The waiver was just for grades. The university was separate from my job, but the degree was used for entering the higher management positions. The university disclosed all of the information to my employer a week before they conducted an investigation. The university rules that pertain to investigations about academic misconduct not only gives me a formally hearing, but 2 appeals before anything is final. But, my employer removed me from the class immediately. I wasn’t even afforded my due process from the school.</p>
<p>I already have a degree, so I don’t care about the school credits. I really just want to get my job back.</p>
<p>I want to thank most of you for being helpful. Even the comments that are just supportive are appreciated.</p>
<p>You actually have a very good case then (that is if you want to sue and win some money); the school was hasty and violated a contract. I would personally seek out an attorney and force the school to settle. You might be able to get all of your tuition back if you try hard in the lawsuit :P</p>
<p>You are an “at will” employee, thus you can be let go for any reason that is not related to discrimination. </p>
<p>Honestly if an employee of mine was caught cheating and was thrown out of a program my company was paying for I would let them go as well. If I can’t trust them to take a test I paid for I can’t trust them in my business. Too many other people out there that can do the job I can trust. </p>
Did they pursue it and if so, what was their conclusion?</p>
<p>Do you think you cheated? Why’d you have your notes out while taking a test?</p>
<p>Did your employer fire you without any discussion about the incident with you or did you have a dialogue with your manager and if so, did you agree with the conclusion that you were cheating?</p>
<p>At the end of the day your employer can fire you regardless if they want to assuming you’re an ‘at will’ employee and not under a particular contract with them. I don’t know if you have any action against the U or the instructor for crossing some kind of boundaries. It sounds pretty strange to me that an instructor would take any time to seek out your manager to have a discussion like this with them or that the instructor would even have any idea who your manager was. The story sounds pretty bizarre.</p>