The issue of whether cheating and plagiarism should be categorized as an academic evaluation or disciplinary misconduct is discussed. It is claimed that if these offenses are categorized as disciplinary misconduct, students are entitled to some due process. However, if cheating and plagiarism are classified as academic evaluations, students are entitled to little, if any, due process. The courts may enter the picture if it can be shown that the actions of the school, including actions of faculty as agents of the institution, are clearly unreasonable, arbitrary, or capricious. Allowing faculty the right to judge what is cheating or plagiarism is a problem that is further complicated when faculty are also given the right (responsibility) to decide what sanction or punishment is appropriate. It is suggested that if cheating and plagiarism are examples of code of conduct breaches, all such cases should go before a hearing board. These offenses would then be matters beyond an individual faculty member's right to decide. A questionnaire about what qualifies as cheating and a "Cheating Quiz" are appended. (SW)