PRINTER'S NO. 2318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1733
Session of
2017
INTRODUCED BY KINSEY, VAZQUEZ, THOMAS, McNEILL, ROEBUCK, MILLARD
AND D. COSTA, AUGUST 18, 2017
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 18, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in forgery and fraudulent practices,
providing for the offense of academic fraud.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4121. Academic fraud.
(a) Offense defined.--A person is guilty of academic fraud
if, with the intent to defraud or with knowledge that the person
is facilitating a fraud to be perpetrated by another person, the
person:
(1) Assists a student or offers or attempts to assist a
student in obtaining or attempting to obtain, by fraudulent
means, an academic credit, grade or test score or transcript,
diploma, certificate or other instrument purporting to confer
a degree in a course of study from an institution of higher
education in this Commonwealth.
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(2) Gives or changes an academic credit, grade or test
score or offers to give or change an academic credit, grade
or test score in exchange for a good or service, thing of
value or money.
(b) Grading.--
(1) Except as provided in paragraph (2), academic fraud
constitutes a felony of the third degree.
(2) Academic fraud constitutes a felony of the second
degree if the offense involves a student athlete and the
perpetrator:
(i) Accepted a good, service, thing of value or
money for teaching a no-show class.
(ii) Directed a student athlete to a no-show class
for the purpose of helping the student athlete achieve or
maintain the grade or course credit necessary to remain
eligible for competition.
(iii) Made or attempted to make an unauthorized
grade or course credit change by forging or attempting to
forge the signature of a faculty member.
(iv) Engaged in a systematic, ongoing course of
conduct with the intent to defraud one or more persons to
ensure the academic eligibility of a student athlete.
(c) Complaint.--To facilitate the reporting of suspected
academic fraud, the Office of Attorney General may include an
academic fraud complaints link on the Office of Attorney
General's publicly accessible Internet website. The link shall
be configured in a manner to enable a person to access, complete
and submit an academic fraud complaint form electronically.
(d) Reporting.--A person who makes a good faith report of
suspected academic fraud to law enforcement or to the Office of
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Attorney General shall be subject to the protections provided
under the act of December 12, 1986 (P.L.1559, No.169), known as
the Whistleblower Law.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Academic credit." A course credit, credit hour or unit
which gives weight to the value, level or time requirements of
an academic course taken at an institution of higher education.
"Athlete agent." As defined in 5 Pa.C.S. § 3102 (relating to
definitions).
"Institution of higher education" or "institution." As
defined in section 118 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949.
"No-show class." A class or course offered by an institution
of higher education where a student has no physical class
attendance and no direct interaction or limited direct
interaction with the instructor or faculty member. The term
shall not include an academic course that meets the following
criteria:
(1) The course is taken online or through distance
education for academic credit and does not require the
student's physical attendance for classes, tests or other
purposes integral to completion of the class.
(2) Physical attendance is not mandatory under the
institution of higher education's class attendance policy or
the attendance policy of the instructor.
"Online or distance education." An academic course offered
by an institution of higher education primarily through the use
of the Internet.
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"Person." The term shall include an individual who performs
work for an institution of higher education or the athletics
department of an institution of higher education, including a
student or faculty member, regardless of whether the person
receives compensation from the institution. The term shall
include an athlete agent, graduate, donor or any other person or
agent of a person who donates, provides goods or services or in
some way contributes to or is associated with an institution of
higher education or a student of an institution of higher
education.
"Student." A person enrolled in an institution of higher
education.
"Student athlete." As defined in 5 Pa.C.S. § 3102 (relating
to definitions).
Section 2. This act shall take effect in 60 days.
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