Editor’s note: The following article was originally intended for publication last semester; however, delays prevented it from being published until now. Unless otherwise noted, all quotes and interviews took place between Nov. and Dec. 2008.
Towards the end of last semester, a very sensitive issue burgeoning at Texas A&M International University became very public news. The Nov. 12 edition of the Laredo Morning Times broke the story of Loye Young, former instructor of management and information systems (MIS) in the A.R. Sanchez School of Business. Young was fired for publically outing the names of six students whom he claims plagiarized essays which they posted on his course’s open-source Web site. Specifically, on Nov. 3, Young posted a message on the site that listed the students’ names. Such naming of students accused of plagiarism is a violation of the Family Educational Rights and Privacy Act (FERPA), the university maintained. Young, who holds a doctorate of jurisprudence from the University of Texas School of Law, disagreed. “I didn’t violate the law,” he said in a Nov. 11 interview with The Bridge. “I’ve reviewed FERPA and the regulations there under, and I’ve violated none of them.” In an analysis of FERPA Young e-mailed university officials, he asserts information on his personal open source Web site, on which students were required to post their work, is exempt from any provisions regulating “educational records” because it is “not maintained by the educational institution or its agents.” Furthermore, he argued that because the course was conducted through the Web site, “All students are aware of the public nature of the information before they post it.” “I don’t know how you violate someone’s privacy when they post the work online,” he told The Bridge. Young also maintained that although the post on his site dated Nov. 3 stated, “Six students have been caught (plagiarizing) and will receive an automatic ‘F’ in the course,” that does not constitute educational record because he was fired before he could ever document the F’s on any TAMIU record. “I’ve sent (university officials) my analysis and have asked them for a response showing me where I violated the law,” stated Young. “To this date none has been forthcoming.” Not so, according to Dr. Pablo Arenaz, TAMIU provost and vice president for academic affairs. “I asked Mr. Young to come into my office so we could discuss the law. He replied that it would be a waste of his time. That’s where it ended,” Arenaz said. As far as the specifics of TAMIU’s argument, Arenaz said the A&M System Office of the General Council is aware of the situation, and he cannot comment on legal matters. Further complicating the issue is the fact the syllabus Young distributed for the MIS course contained a warning: “I will promptly and publicly humiliate anyone caught lying, cheating or stealing. This includes academic dishonesty….” The syllabus was approved by Dr. Jacky Yuk-Chow So, dean of the A.R. Sanchez School of Business, and Dr. Balaji Janamanchi, interim chair of the Division of International Business and Technology Studies, according to Young. “They weren’t happy with my first syllabus. I changed it, and they reviewed it with me, including my warning about humiliation. I don’t know why anyone was surprised by what I did,” Young said. Repeated calls and e-mails to So were not returned. Declining to comment on whether or not he approved Young’s syllabus, Janamanchi directed all inquiries to the Office of the Provost. Since first breaking, the story has attracted statewide and national attention, appearing in the student newspaper of the University of Texas, The Daily Texan, and the online magazine Inside Higher Ed. For his part, Arenaz believed the attention is unwarranted. “Sometimes publications just need filler. It’s really not a huge story,” he said. One sentiment these publications ascribed to Young is that TAMIU places tuition revenue above academic rigor. “I’ve had more than one faculty member tell me that TAMIU students are not ready for college, and that I should not demand college-level work,” Young told The Bridge. “The stated concern made to me by people in the business college is that we shouldn’t fail students because we need the tuition.” Arenaz dismissed the notion. “That is simply not true. I’ve heard that at every institution I’ve ever been at,” Arenaz said. Revealing one of his motives for taking what many see as an extreme approach to plagiarism, Young, part owner and operator of Isaac & Young Computer Company in Laredo, said he’s seen what TAMIU produces from the outside looking in. “As a business owner, I’ve had TAMIU graduates apply to work for me. I can’t use them. They’re barely literate,” Young said. He believes many of these graduates reflect low standards in the A.R. Sanchez School of Business, especially when it comes to written and verbal communication in English, something especially distressing to him. “English is the language of international business. If you’re going to build a pipeline from China to India and you’re using Russian contractors, and you’re funded by the French, they will all speak English without a gringo in the room.” Again, the dean of the Sanchez School of Business did not respond to requests for comment. Asked by The Bridge if all students graduating from TAMIU should display writing proficiency in the English language regardless of major, the provost stated, “Communication is important. Of course every discipline has its nuances, but, yes, we believe they should,” Arenaz said. Speaking more generally, Arenaz, defended TAMIU. “This is a quality institution; I would not have come here if I thought otherwise,” Arenaz said. When asked by Inside Higher Ed. whether TAMIU policy dictates that a faculty member should be fired for violating FERPA, Arenaz stated he did not know. The Bridge asked if he wished to amend that statement, to which he responded: “Please understand that FERPA is one thing, but Mr. Young was let go for other reasons.” Asked to clarify, Arenas answered, “That’s private.” He also said when it comes to FERPA violations, the particulars of the situation have to be assessed before the appropriate action can be decided. Arenaz told The Bridge, as he did the Laredo Morning Times, that Young’s situation was not in any way related to the e-mail sent by former College of Arts and Sciences Interim Dean Rex Ball stating faculty cannot immediately fail students caught plagiarizing. He clarified faculty members still have the deciding power in most cases, but they also must inform students of their rights via the university honor council. “This is an unfortunate event,” said honor council member Dr. Frances Rhodes in reference to the situation in the MIS course. “It’s just one of the things we’ll be dealing with.” The honor council includes both faculty and student representatives, and, according to Rhodes, both faculty and student need to be trained in the legalities involved. She also emphasized that while the council may recommend punishment in plagiarism cases, punitive measures are not its primary goal. “Our goal is not to be a Draconian group. We feel part of our mission is going to be educating students so we can avoid plagiarism,” Rhodes added. Because the incident happened in such a public light, TAMIU’s campus and the Laredo community have been abuzz with opinion. In response to Young’s posting the names of the accused, Student Government representative of the A.R. Sanchez School of Business, Alejandra Avila stated, “That was not the best way to approach the problem. He might have addressed the issue to the individuals through an e-mail.” Avila remained unsure whether she thought firing Young was the best course of action. Some students, however, wish he was not terminated. “I would like him back,” said Raquel Nuñez, a TAMIU business major. “He was very supportive.” Nuñez was one of Young’s students in the MIS class. She was not among the six accused of plagiarism. “Young had very high standards. It was scary at first, but every time I felt unsure, he told me ‘You can do it,'” she stated. “I learned more from him in half a semester than I probably would have learned in a full year with another professor.” She also explained charges that Young required students to spend money at his business come from those who “didn’t understand” what the instructor said. “We did have to purchase a domain, which costs ten dollars a year. Even then, Mr. Young said we were free to get it from anyone. There were extra gadgets he offered to sell us, but that’s only if you really wanted to get into [computer hardware] but none of it was required.” Asked how she felt knowing some of her classmates may have cheated, Nuñez said she tried not to let it bother her. “I don’t judge people. I guess some of them couldn’t handle it. Look, I’m forty. I’ve experienced life. We need to grow up. What [Young] required of us, that’s the real world,” Nuñez said.