[CA] [CA] How can I defend myself against a false cheating accusation at UC Davis?

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions — they’ll help me better understand your situation so I can give you a more complete and tailored answer.

(IMPORTANT INFO)
(1) If you don’t hear back from me right away, please know that I will respond — I might be researching, helping another client, or dealing with a tech issue.
(2) This is general legal info only, not legal representation, and there’s no attorney-client privilege.

Hi again!

Since you denied using your phone to take pictures and the other students didn’t witness anything, the UC school essentially has to prove their case against you, likely relying only on the testimony of the student who accused you. You had every right to refuse the professor’s request to look at your phone, and that refusal alone cannot be used as evidence of guilt. Generally, the burden of proof in academic misconduct cases rests on the university, but the standards are much lower than in a criminal court.

Your defense will hinge on your consistent denial and the lack of concrete evidence beyond the accuser’s word.

You mentioned the professor “took me out of the class and asked me questions.” Can you tell me more about what those questions were and what your answers were? This helps build the official record of the interaction. Also, what state is your UC school in?

Hello again, and thank you for your patience while I dealt with a tech issue! The situation you describe — the professor wanting to resolve things informally — actually gives you a bit of leverage. Their suggestion that they’d prefer to avoid escalating it shows an initial desire for an informal resolution. That’s a critical point.

If the professor resolves it informally, you might avoid a formal disciplinary record. Your consistent denial and clear explanation about the calculator strengthen your position.

The video recording is a double-edged sword. On one hand, it documents your denial, which helps you. On the other hand, it means the professor is formally documenting the incident, possibly to cover themselves in case they must report it later. Still, your calm and consistent denial works in your favor. Refusing the phone search was the correct choice.

That refusal cannot be treated as evidence of guilt — public university students have constitutional and state privacy protections. Even under the lower academic misconduct standard (“preponderance of evidence”), they need something tangible, not just one student’s uncorroborated accusation.

Since the professor mentioned resolving it without reporting, the process is likely still at the departmental level — an early stage in UC’s academic misconduct process. You now have an opportunity to encourage a quiet resolution.

Next Steps:

1. Send a polite follow-up email to the professor. Reiterate your denial, explain the calculator situation, and reference their statement about wanting to resolve it informally. Ask what the next steps are or when you’ll know the outcome.

   • This creates a paper trail showing your cooperation and consistency.

   • It also gently pressures the professor to stick to their word and not escalate it.

2. If they proceed formally, you’ll have due process rights under UC’s academic integrity policy. You can prepare statements from classmates who said they didn’t see you cheat.

3. If it escalates, you could consult a student conduct advisor or attorney specializing in education law.

Your calm, consistent cooperation paired with lack of evidence should help you here.

Did that fully answer your question about leverage and next steps, or would you like me to clarify a specific part (like what to include in your email or how to handle a formal hearing if it comes to that)?

Thanks again for letting me assist you! Also, please remember that if you don’t hear back from me right away at any time throughout our conversation, don’t worry because I am still here and I will get back to me.