<p>I had originally posted this in college life, but they said I might get better advice here. </p>
<p>I was attending a well known university to obtain a degree that would allow me to pursue an upper-management position. 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 immediately. 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. They even allowed my employer to question a few other students at the school.</p>
<p>My employer was footing the bill for my degree, but don’t I have rights under FERPA to keep this from happening? I signed a waiver that allowed my employer to view my grades only. The school was not a part of my job and failing would not have jeopardized my current position. But, due to the actions of the university, I lost my job completely. </p>
<p>Sounds like you need to talk to an employment lawyer. But at most companies in most states, employment is “at will,” which means you can quit at any time without reason, and they can fire you at any time without reason.</p>
<p>I have a union attorney trying to help me get my job back, but he had never even heard of FERPA. He has never dealt with federal laws or violations of civil rights. He mostly deals with state statutes and labor law. I think he might be a little over his head with this case. I’m trying to do everything I can to help my situation.</p>
<p>So you did not follow the rules and you cheated.</p>
<p>and yet you expect the school and your employer to follow the rules… so much in fact that you have secured an attorney because you feel …cheated.</p>
<p>interesting</p>
<p>Why do you want to go to work for a company that clearly does not want you to be employed there? I see no long term gain at all.</p>
<p>The only paper that I signed was giving the university permission to share my GRADES with my employer. I was even told by university staff that it was completely voluntary and NOTHING ELSE concerning my attendance there could be disclosed to anybody. </p>
<p>The federal law (FERPA) from what I understand is supposed to protect me from things like this. Because, if the school hadn’t disclosed the possible infraction to my employer they would have never known. At the time the university disclosed the information to my employer, I had not even been officially charged with misconduct by the school. </p>
<p>I don’t see how they could possibly be covered in their actions if I understand what I have read pertaining to FERPA.</p>
<p>Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):</p>
<p>[ul]School officials with legitimate educational interest;[/ul]
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;
[ul]Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.[/ul]</p>
<p>I’m no lawyer but uhmmm but I imagine it won’t be hard for the school to show your employer is one of these appropriate parties…</p>
<p>At best you can take action on the college if you can show they violated this law.</p>
<p>And I suspect that, as part of your enrollment in college, you agreed to behave in a fair and honorable way during the pursuit of your degree. You didn’t. You seem to feel that the school you dishonored by cheating should be held to a higher standard?</p>
<p>Sorry…you come into this with unclean hands. The mature thing to do here is to simply learn from this gross error and move on.</p>
<p>I take full ownership of my actions. With this said my actions were having notes out on my desk while I was testing. I know nothing excuses this fact. But, at that time I was recovering from a recent surgery. I was heavily medicated (Vicodin and Soma) and the university was aware of this. I accidentally left the notes on my desk pushed to the edge opposite from me.</p>
<p>I’m not trying to make any excuses. I just want the facts to be clear. And the -<strong>Appropriate parties in connection with financial aid to a student</strong>- applies to parents of students over 18 when the student is still being claimed as a dependent and the student agrees to have such information released.</p>
<p>Perhaps… I’ve found quite a few universities through Google that WILL release honor code violation to those paying bill. They state so explicitly.</p>
<p>It is possible that you could have violated your employer’s code of conduct because the school is paying your tuition, it can be seen as an extention of work.</p>
<p>Have you read the schools policy on suspected cheating? What does it say? Are you guaranteed an investigation and the right to speak? Are you still attending this class?</p>
I was thinking the same thing, but mck phrased it much better. Layman’s opinion - I don’t think what the employer did was wrong at all; if there’s a case to be made, it’s against the school.</p>
<p>But to the OP, let’s remember- the idea that you would not have been fired but for the college isn’t exactly true; they didn’t make up lies and maliciously pass them on to your employer.
You got caught cheating.
Don’t blame the cop who arrests a guy during a jewelry store robbery. The robber doesn’t really go to jail because the cop turned him in; he goes because he robbed a store.</p>
<p>In my school the punishment for cheating on an exam is generally an automatic F! - called an F shreek. The “shreek” is indicated by the exclamation point and indicates you got the F for cheating. If your school operates a similar policy and your boss was privey to your grades, he was going to see that anyway.</p>
<p>Agree you have no recourse at all against your employer. </p>
<p>As for your school, do you really want to take this to court so everyone will know you cheated?</p>
<p>And by the way - how does someone “accidently” leave notes on their desk? It’s not like they are invisible and you couldn’t see them.</p>