166

You don't have enough information. What you have is a feeling. And feelings are a lousy reason to engage in a legal action. Now, you have a very strong feeling, and that makes it seem to you like the strength of the feeling alters the above advice. Yes, it does. Very strong feelings are an exceptionally terrible reason to engage in a legal action! I ...


79

Higher education degrees are not federally regulated, and are only weakly regulated at the state level, so if a person has a degree from an institution which is not accredited by a recognized accreditation organization there is no violation of the law and no misrepresentation. States may impose restrictions on institutions that operate within their borders, ...


29

Let me describe example situation: She went to the store and picked up some merchandise She walked to the checkout and produced a Monopoly banknote The clerk gladly accepted the Monopoly money and gave out change in real $$ Now, who's at fault here? Who's is deceiving who? Who's getting fooled? Clearly, the clerk is at fault. It's literally his job to ...


27

Invest in the employee and get them properly qualified If you have someone that is already functioning well on the job, doing their tasks as specified by the contract, and the only thing missing is a qualification... then get them qualified! The time, effort and money it will take to get someone new into that same position and up to speed will most likely ...


26

Can I terminate an employee for qualifying for a job through a “degree mill?” Yes, you can. Do outsiders (myself, the employee, or a court) have to accept your explanation of your reason? No, absolutely not. The employee might allege that the real reason for the termination is membership in a protected class and a court might believe them I am curious ...


13

At the end of the day, you employ people for their competencies, attitudes and what they add to the business. It doesn't sound like she is lacking in any of those areas, because nothing has turned up in previous performance reviews. She is "known-good". It doesn't sound like she was dishonest - she was asked what educational record she had, she replied ...


7

Presuming that you're an employer in the US, by default you can fire any employee for any reason (short of discriminatory reasons such as race, sex, disability, etc) and at any time (see at-will employment). The only thing that could stop you is the contract you've signed with said employee and it then becomes an issue of talking to a lawyer to figure out ...


7

We cannot fire her because of misconduct because she has not made any false claim. She claimed to have this qualification (the document) and she legally has. It was our responsibility to check the validity/quality of the qualification. This only applies if the employee is not an employee at will. This could be the case, in academia, for a professor or ...


7

"Mathematician" is not a legally regulated term, so there are no laws that would prohibit me from calling myself a mathematician (I am not one). I do know a tiny bit about number theory, set theory, formal language theory and logic, but mostly I know about African languages. If I have no shame, I can legally call myself a mathematician. My ...


6

Is an article licensed under an Open Access license equivalent to a public domain work? No. Intellectual property practitioners and professors often describe copyright as "a bundle of sticks." This means that intellectual property laws grant the creator of a copyrightable work a large number of rights, and the creator can grant or deny others each of those ...


6

Your description reflects a confusion between "having an academic credential" in a field and "having advanced skills or expertise" in that field. The former is not requisite for the latter. An academic degree only certifies that the person has met the requirements of a standardized curriculum in certain field. The degree is by no means ...


4

This refers to state law (not federal law) RCW 9A.60.070, titled "False academic credentials". It is against the law to issue a false academic credential, and also to use a false academic credential. Getting to the penalty part, issuing a false academic credential is a class C felony, but knowingly using a false academic credential is only a gross ...


4

The second statement is completely independent of the first. This is to certify that X is pursuing a Minor specialization in our department**.**[PERIOD] The courses offered by our department that have been taken by X are as follows:[...] As long as both of these statements are true, it is not deceptive, therefore not fraudulent.


4

Eugene Volokh categorizes this as "crime-facilitating speech" in his articles, "The Freedom of Speech and Bad Purposes", and "Crime-Facilitating Speech". He characterizes the situation like this: Some chemistry textbooks discuss how explosives are made, some posts to computer security discussion groups discuss security bugs in a leading operating ...


3

In contract law in the United States, this is a "liquidated damages" clause. It provides that when one side breaches the contract, it has to pay a certain amount of money to make up for it. Normally this is done where it is difficult to calculate the actual damages in the event of a breach, or where the parties would rather avoid calculating the actual ...


3

You would start by seeking permission from your academic institution. If they approve it then they should employ their legal counsel to create a safe harbor for your work.


3

No. The general policy of the University of California is that students and faculty retain the copyright of scholarly works they create. So the thesis is copyrighted by its author (unless the author has since transferred copyright for some reason). However, if you contact the author and ask politely, there is a good chance that they will give you ...


3

What stops a university form doing anything it wants is the contract you entered with the university when you enrolled. (I'm writing from the perspective of a student, not faculty). You and they are bound by the contract, and part of that contract will be a clear outline of academic processes such as ethics, grading, class requirements and test taking, as ...


3

Cheating is not a legal concept, fraud is. Obtaining an essay written in India or by your mother is not fraud. Fraud comes in inducing the university to give you something of value (a passing grade, or perhaps admission) based on a material false statement ("I wrote this myself", or making false statements about your interest in tennis). A number of people ...


3

There is no (statutory/regulatory) legal basis at all for claiming that a department, chair, faculty member or other individuals must "back off" in the face of a Title IX claim. However, the chair and department could face civil liability for violating the rights of the accused (depending on what the action taken was). This assume that there is no university ...


3

How to refer to Supreme Court cases by just one name In general, subsequent references to a decision can be the first name in the caption of that case. As an example, you will notice that in the decision Rucho v. Common Cause, 139 S.Ct. 2484 (2019) the court makes an initial reference to Gill v. Whitford (at 2492), and thereafter most of the references to ...


2

The obvious (but, I believe, correct) answer is "Education Law". In the US, there is a professional association called the Education Law Association: The Education Law Association (ELA) is a national, nonprofit member association offering unbiased information to its professional members about current legal issues affecting education and the rights of ...


2

Under the relevant federal law, FERPA (34 CFR Part 99.31(a)(2)), it is allowed without your consent if The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the ...


2

Yes The presentation of an artistic work such as a conference presentation is covered by copyright. The copying by means of audio or visual recording is subject to the normal rules of copyright, either you need the presenter's/organiser's permission (copyright probably vests in multiple people) or the usage must be fair use (USA) or fair dealing (other ...


2

This depends somewhat on the terms of the license, in that a license might have language that prohibits such a use. But typically, academic licenses are pretty vague and only say that the use must be academic, or non-commercial. This does not preclude an author getting a $100 royalty, or a free copy of a book, from a paper that was published and use ...


2

This is a matter of contract law, so that's the kind of lawyer you want, but since universities operate under federal charter (except for University Nuhelotʼįne Thaiyotsʼį Nistameyimâkanak) this intersects with federal law. You would be arguing that you have done what you are supposed to do under the terms of that contract, but the university has failed to ...


2

All of the statements in the license have to be complied with. The no reverse engineering requirement must be obeyed by all. Section 14 lists some additional conditions that are not applicable to everyone, and (d) specifically limits use of the software made available under the academic license at the time of acquisition – you must be student, staff or ...


1

First of all, if your Committee Chair says that you need a copyright page, or a release, or a troop of dancing clowns, then you need one -- you should comply with any requirements that your Committee Chair imposes, whether they are legally required or not. A copyright notice is not strictly required, as copyright is automatic as soon as the work is put into ...


1

There will be something that passes as a contract which you agreed to when you entered the university. Here is one example. This says that you will follow the rules, they may change your course of study, and so on. Relatively little is said about what they commit to providing. They do mention a complaint procedure. They do not guarantee that you will ...


Only top voted, non community-wiki answers of a minimum length are eligible