Issue Of The Week L: Was A Nebraska Muslim Student Discriminated Against?

March 11, 2013
Written by Margery A. Beck - Associated Press in
National Collegiate Dialogue
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Was a Nebraska Muslim student discriminated against when the Law School expelled him for honor code violations and plagiarism? Photo Credit: ketv.com

OMAHA, Neb. (AP) — An Omaha man who was kicked out of the University of Nebraska's law school just months before he was set to graduate is suing the school and others, saying he was discriminated against because of his Arabic heritage and Muslim beliefs.

Mohammad Al-Turk filed the lawsuit on Tuesday in Nebraska's federal court, naming the University of Nebraska College of Law, several law school officials, the University of Nebraska and the university's Board of Regents as defendants.

The lawsuit says Al-Turk's troubles began in his third year of law school when he suffered computer problems and was unable to turn in a rough draft of a paper due Oct. 22 for a comparative law class.

Al-Turk met with his professor, Brian Lepard, that day to explain why he could not turn in his paper and was told to turn it in when he could, according to the lawsuit. Al-Turk said he tried to re-create the paper from various notes and source materials he had previously prepared and turned in the rough draft several days after the deadline.

Soon after, Lepard determined that Al-Turk had plagiarized works in his paper and — unbeknownst to Al-Turk — reported to school officials that the student had violated the college's honor code. Professor John Lenich was appointed to prosecute Al-Turk's case before the school's honor committee.

Al-Turk tried to negotiate a settlement, but the honor committee dismissed him in February. He had been set to graduate in August.

The lawsuit says Al-Turk was discriminated against based on his race and religion and that his constitutional right to due process was violated.

"In those instances during the past five years where the College of Law and its honor code prosecutors have negotiated settlements of code violations with students imposing sanctions lesser than dismissal or withdrawal, said students were comprised largely of Caucasian students who were not Muslim," the lawsuit says.

Melissa Lee, a spokeswoman for the University of Nebraska, declined to comment on the lawsuit, saying the university generally does not comment on pending litigation. She did not respond to a request from The Associated Press to speak to Lepard, Lenich and others who are named as defendants in the lawsuit.

In a Nov. 2 meeting that was not recorded, Lepard met with Al-Turk to discuss Lepard's concerns that Al-Turk had not attributed parts of his rough draft. Lepard and other law school officials later said Al-Turk admitted during that meeting that he had fabricated his computer problems and plagiarized work in his paper — an assertion Al-Turk denies in the lawsuit.

The lawsuit says Al-Turk twice attempted to discuss settling the matter with Lenich so he could stay enrolled, including submitting to a written reprimand and sanctions of some sort — actions the lawsuit says were "commensurate with what the (college) had imposed previously for code violations involving plagiarism."

The lawsuit says Lenich first told Al-Turk that he could not discuss a settlement, then later told Al-Turk that "the only settlement the College of Law was willing to discuss was Al-Turk's withdrawal ... as a student."

The school's honor code specifically authorizes prosecutors to engage in negotiated settlements with an accused student, the lawsuit says, and the college frequently engaged in settlement agreements for honor code violations, including plagiarism.

altAl-Turk took out thousands of dollars in student loans to attend NU's law school and fully paid for the spring 2013 semester that he is now unable to complete, the lawsuit says. Al-Turk also says he will be unable to enroll at another accredited law school because of the disciplinary dismissal on his record.

Al-Turk is seeking unspecified damages, and asked the court to impose injunctions on the university, the law college, and its officials to keep them from discriminating against others. He has asked for a jury trial.

Robert Mooney, an attorney for Al-Turk, said Wednesday that he is also seeking immediate injunctive relief to allow Al-Turk to return to the law school and finish the course work for which he has already paid tuition. A hearing on that request has been set for next week.

What do you think?

Copyright 2013 The Associated Press.

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Comments

Maybe it is rce, maybe it's not

Submitted by UCCSWEST-S2013-36 on

One of the things that stood out to me is that he requested lower sanctions that would have allowed him to finish his schooling and h was denied when others were given that privilege. I believe the article stated that those others were generally wite. That could begin to smell like racism. Just to play devil's advocate here, it is also possible that this case was worse than the ones who were offered lower sanctions and his just wan't worthy of a second chance. However, I would like to touch base on a thought I made in respons to another comment. I find it very difficult to believe that a third year LAW student suddenly forgot he needed to cite his sources or forgot how to. When I take into acount the following points:
1. Other students had been offered lower sanctions and allowed to continue their schooling
2. He was not told he was being being reported
3. The school is basing their judgment on a supposed confession that even they cannot prove since it wasn't recorded.
What I conclude is that something is fishy. Something isn't right. I don't know if it is race. I don't know if the student is completely lying about what happened. All I know is that it needs to be looked into thoroughly. I can't definitively say it is race, but I will say something is wrong.

Fishy????

Submitted by UCCSWEST-S2013-41 on

I too agree that initially I wasn't sure how to view this but as you said after three years in law school you don't suddenly forget that you must cite. I think the fact that he said he had computer problems and was very late in turning in the assignment says a lot. I would think that most people (especially students) should know how unreliable technology is, I myself have had issues with my computer and have since learned to back everything up. I hate to speculate because I don't know but computer problems seem to arise quite often when people just choose not to do an assignment. I also think that unless all the details of the sanctions against the other students are released we do not have adequate information to compare the cases. I think that what this boils down to as far as the conflicting stories is he said, she said.....we don't definitively know what if anything was recorded.

I feel like altogether the

Submitted by UCCS-S2013-21 on

I feel like altogether the report doesn’t give us enough to make a definite decision which is what makes it “fishy”. I think we need more questions answered to fully understand the situation and if racism is a valid argument.
Did the other students get lower sanctions because they had a lesser offense?
Could this same exact issue happen with someone of a different race (white)? If so, would that individual be able to claim racial discrimination?
Are there other indicators that the situation has anything to do with race? (racial comments, previous discrimination by the professor, etc.)
I think it’s important to note that he was not told he was being reported. I would ask if its policy to tell them, or if most people aren’t told.
My assumption would be that the student knows what discrimination is and feels like, but we can’t make the assumption that just because he has probably experienced it before means that he is now.

Discrimination?

Submitted by UCCSWEST-S2013-41 on

I am on the fence with how I am evaluating this particular article. My first thought is that this entire situation arose as a result of Al-Turk's action in plagiarizing his paper. If you choose to plagiarize then you subject yourself to the consequences that result. The only issue that I personally have with this is the allegation that the same offense had resulted in lesser consequences for Caucasian students; however, the exact details of those cases are unknown. Overall in this situation I would have to say I do not think that racial and/or religious discrimination are at the root of this contraversy. As students we are aware of the expectations set forth by our universities, if we choose to deviate from those expectations we cannot expect to be treated the same as the person before. Plagiarism is not only unethical it is a crime. This article never stated that Mr. Al-Turk denied in his lawsuit that he in fact plagiarized, I feel he is fortunate to not have been charged criminally in addition to being dismissed from school.

Makes you go hmmmm

Submitted by UCCSWEST-S2013-12 on

After reading this article I find myself in a state of conflict. Yes I agree that something must be done to the student who plagiarized, self admitted. I am a firm believer that one must be honest and ethical in their daily endeavors. Al-Turk should be punished, but only as it reflects past practices. if it is a common practice minimize the punishment implemented, that it should be the same for Al-Turk. However, if the school rejects compromising with the student then there could be grounds for some form of bias. Whether the bias is racial, ethnic, or for some other reason then the school should be held accountable for their actions. I have always believed that if a rule or policy is in place that it should be enforced in all cases that meet the criteria. But, if the school has a history of working with students, they are in the wrong. No where in the article does it say that Al-Turk has been approached in the past for his actions, so why should the "book be thrown" at him. I believe that in the facts presented that the school has a hard fight ahead of them since there is a history of inconsistent disciplinary actions.

makes you go hmmmm re:

Submitted by UCCS-S2013-34 on

agreed, the school does have a hard fight ahead of them if the evidence support that they have had a inconsistent means of disciplinary actions.
Also I feel that the school should be held accountable for bias arguments against students of color or religious affiliations. but, from this article it is unclear as to the injustices UN has done with regards to race or religious persecution.
Seems to me that the school and the student are at a standstill because of prior instances that have either go to far or not gone far enough.

Conflicted

Submitted by UCCS-S2013-15 on

After reading the article I would have to say that I am conflicted. I understand where the student is coming from and why he feels he is being targeted because of his ethnicity and religion. From the reading and what the university presented, it doesn't seem like they were unrightfully accusing him, but at the same time I do know that racism is institutional. I feel that it will be very hard for the student to prove his case without adequate evidence to back up his claims.

Agree

Submitted by UCCSWEST-S2013-1 on

I completely agree, there just is not sufficient information in this story to fully believe the student. The only thing that was mentioned was the fact that other Caucasians were less prosecuted but they don't discuss any specific details. I have a problem with someone using the treatment of others to justify their treatment. It just seems like he got caught doing something he shouldn't have and is trying to find a way to rectify the situation. I don't know. I know these sort of things happen, I would need more evidence to be convinced of discrimination to agree with this article.

Also Conflicted

Submitted by UCCSWEST-S2013-1 on

I am not convinced on either side of the argument. I do think the school has the right to suspend someone for lying and plagiarism, most schools have the same policy. With the limited information given in this article I don't see the real proof of an issue of discrimination. If the plaintiffs proof is by the treatment of others, I don't think that is viable to use for himself. You can't claim discrimination based on the treatment of others. The fact that plagiarism is an issue raises attention. This is something that is serious not matter what ethnicity you are. If you get caught plagiarizing in a university there is no surprise of being kicked out. I guess we don't know fully all the details of how things happened that led to his dismissal from school, which is why it is hard to fully believe either side. I am curious to see how this turns out in court.

More Information Needed

Submitted by UCCS-S2013-18 on

I completely agree with you that more information is needed to judge this situation. Plagiarism is a policy that all schools are really strict on. This article doesn't specifically state whether or not any plagiarism occured. If there was any plagiarism involved, the actions that the school took with the student were most likely justified. In addition, we were not provided with the school's policy on plagiarism. Each school has different steps that they take with plagiarism. So even if the student did plagiarize, we don't know whether the right steps were taken in response to the plagiarism. Moreover, as far as the treatment of the other students goes, all students should be held to the same standards. This in no way justifies someone breaking the rules; however, teachers should not be biased when it comes to plagiarism. If you are going to hold one student accountable, all students should be held accountable.

Why are cases treated differently?

Submitted by UCCS-S2013-25 on

I also feel that the article had no where close to enough facts to determine whether or not this was a racially motivated charge. There are no contrasts or comparisons to other cases, except the variations in race. There are no sense of the demographics of those involved in any part of his defense or prosecution or whether there are any other circumstances in the decision that was made.
Plagiarism does go against the honor code in any respect, and I personally feel that schools should have a more specific means of determining individual punishments based on facts not arbitrary rulings that can be shifted around on the whims of those prosecuting. If each student was treated equally for such a violation regardless of anything, this whole situation would have been avoided. When it comes to such things as plagiarism, the only middle ground is whether or not it was deliberate and even that is hard to justify, there is no reason that any student should get a different punishment for doing such a thing.

Why are cases treated differently?

Submitted by UCCS-S2013-25 on

I also feel that the article had no where close to enough facts to determine whether or not this was a racially motivated charge. There are no contrasts or comparisons to other cases, except the variations in race. There are no sense of the demographics of those involved in any part of his defense or prosecution or whether there are any other circumstances in the decision that was made.
Plagiarism does go against the honor code in any respect, and I personally feel that schools should have a more specific means of determining individual punishments based on facts not arbitrary rulings that can be shifted around on the whims of those prosecuting. If each student was treated equally for such a violation regardless of anything, this whole situation would have been avoided. When it comes to such things as plagiarism, the only middle ground is whether or not it was deliberate and even that is hard to justify, there is no reason that any student should get a different punishment for doing such a thing.

UN school of law case

Submitted by UCCS-S2013-34 on

This article is surely lacking in sufficient evidence whereas I would be able to make a educated decision on whether UN of law was in the right or if the student has a plausible case. With regards to the race situation, it is undetermined from the article that UN if law made any religious or racial exceptions or deterrence’s when handling the incident. Although the article discussed previous issues regarding other disciplinary actions against Caucasian students it is in no shape or form that this incident is racial.

Discrimination?

Submitted by UCCS-S2013-17 on

I honestly cannot agree with either side of the argument. The student is accusing the school of being discriminatory against him because he was dismissed for plagiarism when other students settled with an agreement, and yet, I do not buy is story of having computer malfunctions where he was unable to turn in his paper on time, and the fact that he did indeed plagiarized in his paper gets to me because it is written in school code that the students will receive disciplinary actions. However, at the same time, because there have been previous incidents that have happened and yet students were no dismissed, it does make me question why a student, in his third year, about to graduate, happened to be the one to be dismissed. If the student tried to negotiate with the prosecutor, it would have made more sense to give him alternative punishment, since he was so close to graduating. I feel as though kicking him out of school was a bit dramatic. However, I do not believe there is strong evidence present in this article to claim that the decision was made based on his race, that it was a discriminatory act.

I agree. I also think such

Submitted by UCCSWEST-S2013-34 on

I agree. I also think such harsh punishment was given because of the fabricated story regarding the computer. I think if he was honest from the beginning he would have got a settlement.

"He's (Obviously) Lying"

Submitted by UCCSWEST-S2013-15 on

It is amazing how quickly we (white people) are to dismiss claims of discrimination voiced by people of color. We have developed this thought pattern that says, "If one of them has lied about it, all of them could," and so we dismiss them as liars. However, there have been numerous white men who have murdered innocent people in schools, office buildings, homes, etc., but we don't dismiss every white man that claims innocence - he often gets the benefit of the doubt. When someone threatens our privilege, we are quick to dismiss them; even more so when that person is oppressed in relation to our privilege. This is the way that we maintain privilege.

When it comes to oppression and discrimination, people of color are the experts of their own situations. I will take Al-Turk at his word, that he was discriminated against, and allow the court process to determine the outcome.

I completely agree. It is so

Submitted by UCCSWEST-S2013-8 on

I completely agree. It is so easy for a white reader to say he is simply pulling out "the race card" without ever even knowing the type of discrimination people of color face. I think it is absolutely possible that this student is telling the truth, although I wish the article would have gone more in depth about specific instances where he felt discriminated and how he felt this hindered him.

I like your response

Submitted by UCCSWEST-S2013-36 on

I agree that it is easy for white people to dismiss a person of color's claims as "just pulling out the race card." I have seen people mention the fact that he turned in his paper late as some means of discrediting him. The fact is, he wasn't punished for turning it in late and we need to be careful not to bias ourselves right off the bat. I am sure the courts will get to the bottom of whether or not he was discriminated against. Honestly, most schools I have attended have a system whereby punishment is in line with the number of offenses and rarely is dismissal the first level punishment so that alone makes me wonder.

Race card?

Submitted by UCCSWEST-S2013-34 on

The article does not give a lot of background, but I think this is just a bitter student! The student is mad because he wasn't offered a settlement? At most schools you automatically fail the class if caught plagiarizing if not worse. He then would have to retake the class before graduating anyways. Also, has he considered as a law student there is a strict moral code? How can we expect him to uphold the law if he doesn't uphold school rules. Good luck getting a job. The point is I think the school acted well within their rights with no prejudice intended. If he had not plagiarized he would never have been in this predicament. Point blank he violated the rules and is trying to pull the race card. Yes, I am a woman of color saying this. He is making it harder for those actually discriminated against.

I agree.

Submitted by UCCS-S2013-27 on

When I was reading the article, I thought the same thing you commented on. In school when a person plagiarizes, they fail a course and that happens everyone, regardless of race. If a student breaks the honor code, they deserve to be "punished" for their actions, so the school did the right thing. There are so many people who get denied from law school that are willing to work hard and it is not fair that their spot goes to be people who cheat their way through. People spend a lot of money and time in school, and I think that is why the student is using the race card. Instead of realizing that he did this to himself by breaking the honor code, it is eaier to blame the school. As a student, I feel sorry for this individual because of how much time he has spent working on his education; however, as a person, I believe that he deserved to be kicked out school because he broke the roles and deseerves the consequences of his actions.

I think it is all too easy to

Submitted by UCCSWEST-S2013-8 on

I think it is all too easy to read an article like this and assume that this student is simply taking advantage of his racial disadvantage without even acknowledging the contradiction in that thought. It can be difficult to see for people who feel exempt from racial issues (caucasians) that racism is systematically integrated into almost every aspect of our society, including the educational realm. We assume that everyone starts on the same playing field and is expected to play by the same rules and any deviation from this is an anomaly, but realistically people of color are often treated differently and held to different standards than whites whether consciously or unconsciously. I think it is particularly important to note that this is taking place at a significant period in time when Arabic and Muslim (terms which most of America assume are synonymous) peoples are being depicted as terrorists. This label implies dishonesty, radical behavior, and violence.

I agree with majority of

Submitted by UCCS-S2013-28 on

I agree with majority of other people. I think the student is using his racial minority as well. The article did not offer details so there is something that I am not really sure about the situation; however, turning in the paper several days late, although the professor gave permission, does not sound that the student had the responsibility as a law student. I understand there is possibility for the student getting discrimination from UN, but there is barely any evidence that at least the white person had the same situation but got different treatment.

He said she said

Submitted by UCCSWEST-S2013-25 on

This is a very difficult case to weigh in on, primarily, as others have said, because of the lack of information made available. I think that with plagiarism cases, it is a very clear cut matter. If there are sentences, ideas, excerpts...that are uncited in the paper then yes it is plagiarism and I believe the school has taken appropriate measures. When attending a program as prestigious as law school, and at a well known university, plagiarism should be taken seriously. I know the terrible feeling of working for weeks on a paper, sifting through piles of sources and research, attempting to compile it all in a cohesive manner. But one of my primary duties during these month-long projects is to give credit where credit is due. If I ever publish something, I would be very upset to learn someone had plagiarized my work. I really worry that this student is using the race card to get out of making a terrible mistake.

I titled this post as such because that's what the court proceedings sound like to me thus far. Without any actual recorded conversations, there is no way of knowing whether the professor or student is telling the truth. Even if the student paper is up for court evidence, and he is found to have plagiarized, perhaps white/non-Muslim students have received less sever punishment for similar academic offenses. If so, then I believe that this student is experiencing oppression.

We all like to think that in respected universities, in this 21st century, racism or oppression of any kind is not tolerated. Unless one side is able to present more concrete evidence on the matter though there isn't much telling truth from lies. I would hate to be a juror on such a vague and sensitive case.

I somewhat agree

Submitted by UCCSWEST-S2013-36 on

I think the biggest question in this case is whether or not other students received lesser punishments as you mention. The article does state that other students did just that. Of course we have no statistics, no details, etc. The only thing I would point out is that as you said, plagiarism is pretty much a cut and dry case. So, what would constitute a lower crime of plagiarism? Either you did or you didn't. So, I don't think we can really look at how bad the plagiarism was by those other students. We simply need to see what the punishment is for plagiarism in that school is. I, too, have seen "technical problems" miraculously come up when it is obvious the work was not done to begin with and that may very well have been what he did to begin with. However, that has nothing to do with the whole plagiarism part. He wasn't kicked out for not turning in the paper on time. I think if we focus on that part of the story, we could bias ourselves against him and we may miss the facts.

I agree with most of what you are saying

Submitted by NIAGARA-S2013-26 on

There was not enough information in the article to totally know the situation on whether or not he was discriminated against. There is probably a lot that we don't know as outsiders. One could be lying (the teacher or the student) about what's really going on or what happened when. Maybe the teacher did discriminate against him but we will never know because that teacher is going to deny it. Maybe the student didn't get good enough grades, maybe the teacher was harder on him than the other students, it's very hard to tell.

Plagiarism

Submitted by NIAGARA-S2013-26 on

Plagiarism is always a sticky situation. I know people who have gotten zero's on paper's because the teacher's believe they plagiarized when they swear that they didn't. That student could have very well plagiarized, but it shouldn't have anything to do in regards with his race, culture, etc. If he gets in trouble for plagiarizing, it should be because he plagiarized and nothing else. Race, culture, religion should not even be brought up or an issue when it comes to education.

The student here in this

Submitted by UCCS-S2013-3 on

The student here in this situation is obviously being discriminated against for some thing. I'm not too sure it's soley based on his race or religious beliefs, but I thing that there should be a second hearing in his favor. That way he is not completely shut out from the future possibility of going to another or even the same educational institution such as NU. Computer problems happen to everyone...it shouldn't matter on the way they look or what they believe as to how you (professors and higher educators) handle the issue.

This student clearly broke

Submitted by UCCSWEST-S2013-28 on

This student clearly broke the honor code. I think discrimination is not the case. He would be treated as any other student. This is being made a big deal because the student is using his ethnicity as a way to escape punishment.

As a college student, I know

Submitted by UCCSWEST-S2013-28 on

As a college student, I know that plagiarism is a serious offense. I have known many people who have had a variety of different consequences for their actions due to plagiarism, including getting kicked out of school. I think each situation can vary. In this case I do not believe this was a case of plagiarism but breaking the honor system. I think this student tried to find a loop hole in the system playing the discrimination card. I believe he is being punished as any other student would be in his situation no matter what their background is.

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