Gabriel v. Albany College of Pharmacy and Health Services No. 2:12-cv 14 United States District Court for the District of Vermont, 2013 Facts: Matthew Gabriel was a student in Professor Pumo's immunology class. Professor Pumo's syllabus outlined course requirements and stated that \"plagiarism will not be tolerated.\" After grading the rst assignment, Professor Pumo realized that many papers had sentences copied from other sources without citations. Instead of reporting everyone for plagiarism, Professor Pumo said she would give students a \"free pass \" on one copied sentence. But Gabriel's paper contained many plagiarized sentences, so he received a failing grade for the assignment. Gabriel sued the professor for breach of contract. He argued that the syllabus was a contract and that the \"free pass\" policy broke itbecause that term was not part of their original agreement. According to Gabriel, since the professor breached the contract, he was no longer obligated to refrain from plagiarizing, and so should not be punished. Argument for Gabriel: A syllabus is a contract. On the rst day of class, the professor presents the syllabus as an offer and students agree by staying in the course. Who has not chosen a class because of its particular workload or assignments? The terms in the syllabus are promises upon which students rely. Professor Pumo unilaterally changed the written \"rules of the game.\" Once she broke her promise, there was no longer a \"deal.\" Students should not be held to her arbitrary rules. Argument for Professor: Professors do not intend to make an offer when they hand out a syllabusmuch less be legally bound! The syllabus is merely an announcement that provides general information about course requirements, grading policies, and behavior guidelines. Reasonable people do not expect a syllabus to be enforceable in court. It was not a contract Professor Pumo had the right to change the class rules, make additional assignments, or even kick Gabriel out at any time. Even if the syllabus were a contract, the phrase \"plagiarism will not be tolerated\" is too indenite to be a valid offer. Gabriel is not immune from the plagiarism rules