Two students charged with academic misconduct believe they were singled out and wrongly accused. Dirisu Musa and Parveen Kumar, two international students, went before an academic misconduct panel Thursday charged with what was perceived as receiving unauthorized aid. The class, MCN 345 - Child Health Nursing, is taught at both the USA Springhill Campus (SHAC) and the USA Baldwin County campus. Musa, a student in pediatrics from Nigeria at the USA College of Nursing, believes was the suspected of academic misconduct when he had a significant improvement on his final test score last semester compared to the scores he received earlier in the semester. Musa attributed the improvement to his preparation aided by a study guide he received. However, his professor Dr. Cathy Dearman, the chair of the Maternal/Child Health Nursing Department at the University, deemed the study guide to be unauthorized aid. Kumar, a student from India, was accused by Dearman of academic misconduct when he received a 100 on his final test. Dearman claimed in the written complaint against Kumar that he had received grades of 76 and an 80 on the course's first two tests when Kumar had in fact received a grade of 90 on the second test. "She misinterpreted data for her own need," said Kumar. The study guide, obtained by The Vanguard last week, appears to be notes referencing certain specificities of what was on an exam, written by a student who had previously taken the exam.
What constitutes academic misconduct?
There are ambiguities as to whether or not possession of this study guide material constitutes academic misconduct. Such material that Musa and Kumar are charged with having is not explicitly prohibited by "The Lowdown," the student handbook. Dr. Patsy Covey, vice president of academic affairs at USA, said that each individual college is allowed to determine specificities of what constitutes academic misconduct. "They have the latitude to decide," said Covey. Covey was unable to elaborate as to what exactly academic misconduct is within the College of Nursing. Dr. Debra Davis, dean of the College of Nursing at USA, was unable to comment on this specific situation but stated the policy is pretty specific. If a student gained knowledge of what was on a test based on what another student who had previously taken the test told them, Davis said the College of Nursing would consider that cheating. "Do you really want a nurse taking care of you because they could pass a test?" Davis asked. "When you get into the health fields, I think you need to put it into perspective in what's at stake." Davis said since the nursing profession is one that which health and safety of an individual is involved, the College of Nursing takes the matter of ethics in academics very serious. According to "The Lowdown," there are three levels of academic misconduct. Level I involves cases limited to a specific class or instructor; Level II involves cases involving action by a college or school, and Level III involves action beyond the academic unit. Musa and Kumar are being charged with Level II academic misconduct.
Unauthorized e-mail access allegations
It is not clear how College of Nursing faculty or administrators may have obtained a copy of the study guide Musa used; however, Donna Lee, a senior nursing student who takes classes at the Baldwin County campus in Fairhope, not charged in the matter, alleges the University administrators accessed her email without her consent. Lee said she granted Barbara Broome, associate dean of the College of Nursing and chair of the Community/Mental Health Department to view her e-mail only with her and President of the Student Nurses Association Jennifer Assad-Mulligan present. Lee said she was able to demonstrate there was nothing in her e-mail pertaining to the situation. According to Lee, Broome desired to look at her e-mail further; and Lee declined to grant permission. However, in a letter dated Jan. 12 from Broome to Lee, Broome thanks Lee for "allowing the USA computer center access to her jaguar e-mail account." "I never gave them permission," Lee said. "Not anywhere, not even a misunderstanding." Lee said she requested something from Broome that both parties would sign originally if she were to allow them to access her e-mail; however such, a document was never produced. Lee said she later changed her mind and said she determined she was not going to give the University permission to access her e-mail. Once she did so, Lee said Dearman called her 10-15 times a day seeking permission. In the letter from Broome, Broome states Lee "will not be implicated in any way by the e-mails sent from Dirisu Musa." Keith Ayers, director of public relations for the University, said it was his understanding that Davis instructed Broome to seek permission from Lee to access her e-mail and such permission was in fact granted by Lee. "This was done very methodically," said Ayers. "It is something we don't do without a high ranking administrator involved. Dr. Covey had to be involved." According to Ayers, the letter was sent at Donna Lee's request because she desired some type of written communication. "There could have possibly been a miscommunication," said Ayers.
Student Government Association reaction
Musa asked Student Government Association President Will Jackson for his assistance. "Musa approached me last week about the proceedings," Jackson said. "He didn't know where to go." Jackson said Musa was cautious about the proceedings because of his unfamiliarity with American administrative and judicial proceedings. Although the student handbook "The Lowdown" does not permit representation, Jackson said he thought it was as if Musa was being ganged up on. "I felt like the student needed better representation," said Jackson. Jackson was at SHAC, where the hearing took place, but was not granted access to the hearing because of Family Educational and Privacy Rights Act considerations. A security guard was present to ensure that anyone who was not authorized to be at the proceedings did not try to gain access.
Unfair treatment alleged
Both Kumar and Musa feel they were improperly singled out. Musa received the study guide from a student he identified as Lin Mao, a student in nursing. However, they claim that neither Mao nor Lee, who received the study guide by e-mail, have been charged with academic misconduct. However, according to "The Lowdown," the student academic conduct policy explicitly includes students "giving or receiving unauthorized aid" as a violation of the policy. "If the evidence is what I've seen, I think they've blown it out of proportion," said Assad-Mulligan. "It is definitely suspicious they were both special services students." Both Kumar and Musa used the words "threatened" and "terrorized" when describing how the event unfolded prior to the academic misconduct hearing. According to Kumar, Dearman inquired about his disability during the hearing. Paul McGowen, president of Comrades of Courage, an organization that functions as an advocacy group for students with disabilities, left a voicemail message with The Vanguard stating that the inquiries were in violation of federal Health Insurance Portability and Accountability laws.
Decision this week
The outcome of the proceedings could be determined as early as Monday but no later than Wednesday, in accordance with "The Lowdown." Musa told The Vanguard Friday afternoon he felt confident about the way the hearing took place. "It was good," said Musa. "It was real smooth." Kumar also felt confident and expressed gratitude toward the panel. "They did a very good job and they were very nice," Kumar said. Assad-Mulligan said the committee thanked them for being there. "At least they were concerned," Assad-Mulligan said. He said that throughout the deliberations he was accused of having the test by Dearman; however, Dearman could not substantiate the claims. Musa said he has never had a problem with Dearman in the past. Musa, who already has an engineering degree from Nigeria, had 100 percent attendance in the class. Musa said if he is found guilty of academic misconduct and the appeal is denied, he would take legal action against the University of South Alabama. "Sharing study guides is a tradition amongst all students," said Musa.



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