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Texas college professor tries to flunk his whole class

washingtonpost.com

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Re: Texas college professor tries to flunk his whole class

#11

Post by ejcx »

If this college class operates like the ones I had then I think the professor is in the wrong. On the first day I would be given a syllabus that clearly outlined the grading scale and how the grade was calculated.

I look at that like a contract. Professor presented students with a grading scale, students accept by staying in the class or withdraw from the class.

Granted I know nothing about this particular incident, but it could be an interesting case to read about if it were to go to court.

Re: Texas college professor tries to flunk his whole class

#14

Post by learnstats2 »

ejcx wrote: post #11

If this college class operates like the ones I had then I think the professor is in the wrong. On the first day I would be given a syllabus that clearly outlined the grading scale and how the grade was calculated. I look at that like a contract. Professor presented students with a grading scale, students accept by staying in the class or withdraw from the class. Granted I know nothing about this particular incident,…

What you describe is exactly how it should be and is considered best practice in education.

Not a contract, but the terms and expectations of the class set out as clearly as possible in advance.

In this case, this has failed. The professor has then tried to punish all the students on his own whim, presumably because of the actions of a minority.

What about the other students: those who didn't cheat, those who didn't spread rumours, those who didn't contribute to an unsafe atmosphere, and those who met the educational goals of the class? There's no possible way the whole class deserves a blanket fail. Thankfully the faculty realise this.

Re: Texas college professor tries to flunk his whole class

#15

Post by aaron695 »

This really is a pointless article of he said, they said.

There is nothing at all to be gained in reading it.

There's no actual evidence of who was in the wrong or what the real story is.

(You could easily argue after 20 years in the game he fully knew all the students wouldn't actually get a F, even this is unknown)

Re: Texas college professor tries to flunk his whole class

#16

Post by rayiner »

ejcx wrote: post #11

If this college class operates like the ones I had then I think the professor is in the wrong. On the first day I would be given a syllabus that clearly outlined the grading scale and how the grade was calculated. I look at that like a contract. Professor presented students with a grading scale, students accept by staying in the class or withdraw from the class. Granted I know nothing about this particular incident,…

If the syllabus is a contract, cheating is a breach of the covenant of good faith and fair dealing.

I'm all for failing classes pervasive cheating. There isn't enough social pressure in schools to name and shame cheaters.

Re: Texas college professor tries to flunk his whole class

#17

Post by iridium »

probably_wrong wrote: post #9
iridium wrote: post #7

Even though this incident sounds more personal than idealistic, it keeps bringing back up the question of the purpose of universities. I am okay with universities being a medium of education, where one can take any courses they want, and passing and failing is irrelevant (MOOCs?) I am okay with universities being a place to enjoy four years of camaraderie and self exploration before committing to life or career goals…

I think you are confusing "universities" with "USA universities", specially when it comes to debt and GPA.

I'll agree on the debt side. The grade issue is infinitely worse in a lot of competitive cultures.

Even if you take the money factor away, Have non-US universities really figured out higher education? Most of them tend to either be a lot more rigid in structure, or they copy from the US system.

Re: Texas college professor tries to flunk his whole class

#18

Post by arethuza »

iridium wrote: post #17
probably_wrong wrote: post #9

Earlier quoted context omitted.

I think you are confusing "universities" with "USA universities", specially when it comes to debt and GPA.

I'll agree on the debt side. The grade issue is infinitely worse in a lot of competitive cultures. Even if you take the money factor away, Have non-US universities really figured out higher education? Most of them tend to either be a lot more rigid in structure, or they copy from the US system.

Personally, I'm much happier I went to a UK university where the final degree "class" was based almost entirely on what you did in the final year (I think it was 80% fourth year and 20% third) as I was a terrible student in the first year, average in the second and did really well in the final two years and got a first.

Not saying that this approach is "better" - just that it suited me!

Re: Texas college professor tries to flunk his whole class

#19

Post by hn_ »

ejcx wrote: post #11

If this college class operates like the ones I had then I think the professor is in the wrong. On the first day I would be given a syllabus that clearly outlined the grading scale and how the grade was calculated. I look at that like a contract. Professor presented students with a grading scale, students accept by staying in the class or withdraw from the class. Granted I know nothing about this particular incident,…

A syllabus is not a contract. It can be changed unilaterally at any time and is no way legally enforceable.

"The court finds no legal support for treating a course syllabus as a contract. The few courts that have considered the issue have concluded that a syllabus does not constitute a contract....Indeed, a valid contract requires several elements, including mutual agreement and valuable consideration....A course syllabus — which commonly outlines reading requirements, test dates and the like — does not have any such attributes." Gabriel v. Albany College of Pharmacy and Health Sciences – Vermont Campus

"[A syllabus] does not contractually obligate the college but instead, is a variable metric devised by the individual course instructor." - Miller v. MacMurray College

"There is no contract between a professor or instructor and a student created by the syllabus or university guidelines. A professor or instructor’s failure to abide by the syllabus or university guidelines will be actionable only under the same circumstances that any other academic evaluation decision is justiciable: that is when the conduct is alleged to be arbitrary or capricious or to constitute bad faith" - Collins v. Grier

Re: Texas college professor tries to flunk his whole class

#20

Post by ejcx »

hn_ wrote: post #19
ejcx wrote: post #11

If this college class operates like the ones I had then I think the professor is in the wrong. On the first day I would be given a syllabus that clearly outlined the grading scale and how the grade was calculated. I look at that like a contract. Professor presented students with a grading scale, students accept by staying in the class or withdraw from the class. Granted I know nothing about this particular incident,…

A syllabus is not a contract. It can be changed unilaterally at any time and is no way legally enforceable. "The court finds no legal support for treating a course syllabus as a contract. The few courts that have considered the issue have concluded that a syllabus does not constitute a contract....Indeed, a valid contract requires several elements, including mutual agreement and valuable consideration....A course syl…

That's crazy interesting and now I have some reading to do. I still view the grading scale as a something that should not change, however.

I'm not surprised a syllabus is not a contract but I do think that most universities, when presented with a situation like this, have it in their interest to honor the syllabus.

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