A Jewish View of Cheating in School
Prof. Steven H. (Shlomo Chaim) Resnicoff
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A Jewish View of Cheating in School
Prof. Steven H. (Shlomo Chaim) Resnicoff DePaul University College of Law
The media is replete with reports regarding alleged cheating on
exams. The recently released survey of teens conducted by the Joseph &
Edna Josephson Institute of Ethics, for instance, reports that 7 out of
every 10 high schools questioned admitted to cheating on a test at least
once last year, and almost 5 out of 10 said they did so more than once.
But it's not just students who cheat. Principals, other administrators
and teachers have also been accused of cheating - of giving students
copies of exams in advance, of telling students the right answers during
tests, and of allowing them to change incorrect answers after tests.
If so many cheat, society must believe that it is tolerable. Can
Judaism accept such a position?
Fundamentally, the general Jewish answer to wrongdoing is not to
permit wrongdoing in return. Rather than allowing a person to sink to
the
lower standards of the wrongdoers who surround him, Judaism urges a
person
to endeavor to elevate his contemporaries to the higher standards set by
G-d. In the case of cheating, therefore,
Judaism's response is, "It is wrong to cheat, and the fact that many
engage in cheating does not justify the act."
But what is wrong with cheating from a Jewish legal (halachic)
perspective?
To begin with, in instances where there are direct financial
consequences,
cheating may constitute theft under Jewish law. Take the case of high
school students competing for limited college scholarships. Wherever
money
is obtained by cheating, Jewish law regards it as having been stolen.
Thus, the student who qualifies for scholarship money by virtue of
inflated grades obtained through cheating, deprives his fellow student of
his or her own rightful opportunity to the monetary award, defrauds the
person or institution granting the scholarship, and in the eyes of
halacha
is considered to be nothing less than a thief ("ganav").
Jewish law accords the same "ganav" status to those who cheat in order
to
satisfy required academic standards needed to retain scholarships. A
student who maintains minimum standards by cheating takes the stipend
fraudulently. Similarly, if a person achieves test scores by cheating
and
is hired by an employer who is impressed with the student's false
academic
accomplishments, that person is considered to have stolen the job that
rightfully should have gone to another. Indeed, in such a case, the
harmful consequences of the cheater's misconduct is exacerbated by the
fact that he or she will never learn the identify of the person whom he
harmed. This makes it extremely difficult to ever make adequate amends.
Even where there are no monetary implications, the way in which a
person cheats can give rise to halachic problems. For example, if,
before
an exam, a student surreptitiously "borrows" a blank exam or answer
sheet,
such action constitutes an independent theft - even if the student
intends
to return the material later.
Moreover, even if no stealing of papers - or opportunities - is
involved, cheating ineluctably involves deceit, an act which Jewish
authorities forbid notwithstanding the lack of practical consequences.
Since students are
implicitly or explicitly instructed not to cheat, when a student copies
another's work during an exam, essentially he is falsely asserting that
he
reached this answer on his own. Such deceitful behavior is all the more
evident when the student has agreed, even if only when matriculating to
the school, to abide by a specific honor code. See, e.g.,
Iggerot Moshe (authored by Rabbi Moshe Feinstein) Choshen Mishpat 2:30,
and Mishne Halachot (by Rabbi Menashe Klein) 7:275.
Finally, whether or not a person receives any material benefit
from cheating, if he enables someone else to cheat, he transgresses the
Biblical prohibition against "placing a stumbling-block in front of the
[morally] blind." And under circumstances where the cheating would have
taken place without his help, he still violates a rabbinic rule against
"assisting a wrongdoer." Indeed, as a general rule, not only is a Jew
forbidden from violating HaShem's commandments, he affirmatively is
obliged to try to prevent any other Jew from violating them. By
preventing the transgression, a person protects both the prospective victim,
from being victimized, and the prospective perpetrator, from the
spiritually corrosive influence of sin. Thus, school administrators and
teachers who help students cheat not only transgress as accomplices to a
crime (sin), they miss the wonderful opportunity their position affords
to
influence those who look up to them to abide by G-d's eternal rules, as
opposed to the fleeting and ever-changing mores of society.
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