11

PLAGIARISMPLAGIARISM

The OIA’s experienceThe OIA’s experience

Ruth Deech & Michael ReddyRuth Deech & Michael Reddy

22

The OIA SchemeThe OIA Scheme

Some statistics Some statistics

33

44

55

Complaints about plagiarism & Complaints about plagiarism & disciplinary offencesdisciplinary offences

Over 100 cases since April 2004Over 100 cases since April 2004

About one third involve plagiarismAbout one third involve plagiarism

66

77

88

99

1010

1111

1212

1313

The plagiarism caseThe plagiarism case

Student was withdrawn from course after Student was withdrawn from course after being accused of plagiarismbeing accused of plagiarism

He alleged it was scientific collaboration He alleged it was scientific collaboration and he had misunderstood the permitted and he had misunderstood the permitted amountamount

He alleged the penalty was too harshHe alleged the penalty was too harsh

1414

Plagiarism decisionPlagiarism decision

Students had been specifically warned Students had been specifically warned against plagiarism but he had not read the against plagiarism but he had not read the HandbookHandbook

Student had not raised queries with his Student had not raised queries with his professorprofessor

There was no evidence of collaborationThere was no evidence of collaboration The penalty was within the university’s The penalty was within the university’s

guidelinesguidelines Complaint not justifiedComplaint not justified

1515

OIA & PlagiarismOIA & Plagiarism

Impact of plagiarism and determination are Impact of plagiarism and determination are issues of academic judgmentissues of academic judgment

Has the university applied its regulations Has the university applied its regulations and followed its procedures?and followed its procedures?

Is the decision by the university Is the decision by the university reasonable in all the circumstances?reasonable in all the circumstances?

1616

What is academic judgement?What is academic judgement?

““A decision about scholarship that only a suitably A decision about scholarship that only a suitably experienced academic can make” experienced academic can make”

So decisions about whether plagiarism has So decisions about whether plagiarism has occurred and the assessment of plagiarised occurred and the assessment of plagiarised

work are matters of academic judgementwork are matters of academic judgement

But the OIA But the OIA willwill look at questions about fairness look at questions about fairness and procedural irregularityand procedural irregularity

1717

Academic offencesAcademic offences

OIA will look at complaints about the university’s OIA will look at complaints about the university’s academic offences proceduresacademic offences procedures

Have they been followed properly, no material Have they been followed properly, no material breaches?breaches?

The more severe the punishment, the more The more severe the punishment, the more closely the procedures will be checkedclosely the procedures will be checked

Have they been applied fairly, not arbitrarily?Have they been applied fairly, not arbitrarily? Do procedures comply with natural justice, Do procedures comply with natural justice,

human rights and general consideration of human rights and general consideration of equity?equity?

1818

The forgery caseThe forgery case

Student is achieving well in the third year Student is achieving well in the third year of his medical courseof his medical course

The university discovers that he entered The university discovers that he entered with a forged degree certificate showing with a forged degree certificate showing better results than in truth he had achievedbetter results than in truth he had achieved

Following procedures, he is expelled Following procedures, he is expelled immediatelyimmediately

He claims mitigating circumstances, that He claims mitigating circumstances, that the forgery was by his motherthe forgery was by his mother

1919

Forgery decisionForgery decision

The procedures were properly followedThe procedures were properly followed The offence was serious enough to merit The offence was serious enough to merit

instant expulsioninstant expulsion Another student with better marks might Another student with better marks might

have taken the place; honesty is have taken the place; honesty is paramount for doctorsparamount for doctors

The mitigating circumstances were rightly The mitigating circumstances were rightly judged by the university to make no judged by the university to make no differencedifference

2020

Fairness and penaltiesFairness and penalties

Provision for mitigating circumstancesProvision for mitigating circumstances Inconsistent application of penaltiesInconsistent application of penalties Reasons must be given by the universityReasons must be given by the university There must be provision for an appealThere must be provision for an appeal

2121

Mitigating circumstancesMitigating circumstances

OIA unlikely to interfere if they have been OIA unlikely to interfere if they have been properly consideredproperly considered

Special care needs to be taken over Special care needs to be taken over disability, mental health, misrepresentation disability, mental health, misrepresentation by university official, failure to explain by university official, failure to explain plagiarism to students, foreign students’ plagiarism to students, foreign students’ cultural issuescultural issues

Bereavement, health, stress, financial Bereavement, health, stress, financial problems, computer failure very common!problems, computer failure very common!

2222

Mitigating circumstancesMitigating circumstances

Are any mitigating circumstances acceptable in Are any mitigating circumstances acceptable in deciding (a) whether the student has committed deciding (a) whether the student has committed the offence (b) the penalty?the offence (b) the penalty?

Poor health?Poor health? Mental health?Mental health? Death of a relative?Death of a relative? Computer mishaps?Computer mishaps? Financial difficulties?Financial difficulties? Time pressures?Time pressures? Cultural issues?Cultural issues?

2323

Procedural issuesProcedural issues

Natural justice – no bias, charge to be Natural justice – no bias, charge to be known, both sides to be heardknown, both sides to be heard

Bias is not prejudice, it is objectiveBias is not prejudice, it is objective No financial conflictsNo financial conflicts No interested parties with previous No interested parties with previous

involvementinvolvement Parity of representationParity of representation Panel’s legal advice available to both Panel’s legal advice available to both

sidessides

2424

Principles of fairnessPrinciples of fairness

University must give adequate notice of University must give adequate notice of allegationallegation

Adequate hearing of both sidesAdequate hearing of both sides Appeal body must be and appear to be Appeal body must be and appear to be

unbiasedunbiased Procedures should not be unreasonably Procedures should not be unreasonably

delayeddelayed Reasons for the decision necessaryReasons for the decision necessary

2525

Was the university’s decision fair?Was the university’s decision fair?

• Did the disciplinary panel consider the appropriate evidence?Did the disciplinary panel consider the appropriate evidence?

• What burden of proof is applicable?What burden of proof is applicable?

• Did the university observe natural justice?Did the university observe natural justice?

• Were the grounds of appeal reasonable?Were the grounds of appeal reasonable?

• Did the university properly consider Did the university properly consider mitigating circumstances?mitigating circumstances?

• Was the penalty proportionate to the offence?Was the penalty proportionate to the offence?

• Was the penalty consistent with other cases?Was the penalty consistent with other cases?

2626

Relevance of other factors? Relevance of other factors?

Extent of plagiarism?Extent of plagiarism? Student “lulled to sleep” by inaction of universityStudent “lulled to sleep” by inaction of university Poor academic practices, such as failure to explain Poor academic practices, such as failure to explain

what plagiarism is and/or the consequenceswhat plagiarism is and/or the consequences First year or final year?First year or final year? First offence?First offence? Deliberate, reckless, negligent or innocent?Deliberate, reckless, negligent or innocent? Consequences of punishment?Consequences of punishment?

2727

OIA remediesOIA remedies

Reconsider the complaintReconsider the complaint Hold a new hearingHold a new hearing Change the penaltyChange the penalty Offer an apologyOffer an apology Expunge charge from the recordExpunge charge from the record Allow resubmissionAllow resubmission Pay compensationPay compensation Reform university proceduresReform university procedures

2828

Learning from complaints about Learning from complaints about disciplinary mattersdisciplinary matters

MonitorMonitor – should have a reliable system of tracking complaints, – should have a reliable system of tracking complaints, including time taken for each stage and equal opportunities info. including time taken for each stage and equal opportunities info. (QAA)(QAA)

Review and evaluateReview and evaluate – effectiveness of procedures, adequacy – effectiveness of procedures, adequacy of guidance & support, training of staff, deal with common of guidance & support, training of staff, deal with common causes causes (QAA)(QAA)

ReportReport regularly to governing body about complaints regularly to governing body about complaints(QAA)(QAA)

Seek feedbackSeek feedback from students from students (BS ISO)(BS ISO)

PublishPublish information about complaints information about complaints (OIA)(OIA)

2929

New issuesNew issues

Are we looking after our overseas Are we looking after our overseas students?students?

Language difficulties and cultural Language difficulties and cultural backgroundbackground

Relevance of mitigating circumstances Relevance of mitigating circumstances and their proofand their proof

Previous similar casesPrevious similar cases