TACKLING PLAGIARISM AND ACADEMIC MISCONDUCT GETTING THE BALANCE RIGHT ROB BEHRENS INDEPENDENT ADJUDI

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TACKLING PLAGIARISM AND ACADEMIC
MISCONDUCTGETTING THE BALANCE RIGHTROB
BEHRENSINDEPENDENT ADJUDICATOR FOR HIGHER
EDUCATIONrobert.behrens_at_oiahe.org.ukWoburn
House Conference Centre, LondonNovember 19 2008

• And if I have often omitted to acknowledge the
  source of my arguments, it is for the double
  reason that in most cases I have forgotten it and
  that, since there are no authorities in
  philosophy, references of this kind would promote
  a groundless trust in books and a false attitude
  of mind.
• Michael Oakeshott, Experience and its Modes, 1933.

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Getting the Balance Right

• OIA Mandate and disposition
• Plagiarism Cases brought to OIA since 2005
• Features of Not Justified Cases
• Features of Justified or Justified in Part Cases
• Emerging Issues for discussion

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Mandate and disposition

• Under 2004 Higher Education Act, wide remit to
  examine acts and omissions of HEIs and the
  making of recommendations Rules,1.
• But OIA engagement only when HEI procedures
  exhausted HE Act 2004,Sch.2, 5.13, 3(2)(b) and
• No remit to examine Academic Judgments, a term
  ultimately for interpretation by the Courts. In
  OIA view, it is not the same as any judgment
  made by an academic. The fairness of procedures,
  facts, misrepresentation, the manner of
  communication, bias, an opinion expressed outside
  the area of competence, the way evidence is
  considered and maladministration in relation to
  these matters are all issues where we have
  advised universities that academic judgment is
  not involved.
• Decisions on whether HEI has abided by own
  procedures or acted reasonably in all the
  circumstances Rules, 7.4.4.
• Disposition. Evidence-based review, using
  regulatory principles to be fair, proportionate
  and not slavishly bureaucratic in approach.
  Appreciation for difficult calls HEIs have to
  make.

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OIA Plagiarism casessince 2005

• 2062 cases reviewed and closed under Scheme
• 68 Plagiarism cases (3.3 per cent of all cases)
• 4 cases Justified (5.8 per cent of Plagiarism
  cases)
• 51 cases Not Justified (75 per cent)
• 8 cases Justified in Part (11.76 per cent)
• 5 cases withdrawn or settled (7.3 per cent)

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OIA Plagiarism casessince 2005
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Not Justified

• Widespread complainant allegations of
• Procedural irregularities eg at variance from
  the usual, prescribed steps
• Unreasonable, harsh or disproportionate penalties
  (including expulsion, charging fees for
  re-submission of plagiarised coursework)
• Comprehensive information about plagiarism not
  available in handbooks, literature or on-line
• Appeal did not take into account either new
  information or exceptional circumstances

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Justified or Partially Justified (1)

• CASE STUDY 1. Finding of Plagiarism in
  dissertation of student sponsored by NHS Trust.
  OIA recommended appointment of Appeal Committee
  with access to record of hearing. And review of
  procedures of Appeals committees
• Premature disclosure. HEI wrote to Trust
  announcing charge before hearing took place. No
  response when complainant objected.
• Burden of Proof. At Misconduct hearing student
  required to prove innocence when the burden of
  proof was on the HEI.
• Failure of due process. In deciding whether to
  allow Appeal HEI did not consider record of the
  Misconduct hearing.
• Delay. 3 month delay in HEI investigation. Then
  Appeal request not responded to for 5 months
  (regs state normal period of 28 days).

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Justified or Partially Justified (2)

• CASE STUDY 2 M.Sc student given zero for
  coursework following Academic Misconduct Panel.
  Student appealed this was disproportionate given
  he had had no intention to gain improper
  advantage. Appeal Panel found no irregularity in
  the process, and student appealed to Academic
  Registrar. OIA found the decision and penalty not
  unreasonable. Financial compensation for poor
  handling and delay. But
• Inappropriate Panel Membership. Overlap of staff
  members of Misconduct and Appeal Panels was
  contravention of natural justice.
• Inappropriate Behaviour of Appeal Panel Chair and
  members. HEI accepted Chairs behaviour could be
  perceived as dismissive, sarcastic and mocking.
  
• Delay. No apology for delay in the reconstitution
  of Appeal Panel.

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Justified or Partially Justified (3)

• CASE STUDY 3. HEI found student embellished
  answers when asked to record his illegible
  script. Exam Board reduced mark to zero which
  lowered his degree classification, and recorded
  dishonesty on his file. Appeal body recommended
  reconsideration of zero mark, degree award, and
  dishonesty marking notwithstanding the serious
  offence. Only the dishonesty marking was changed.
  OIA recommended reconsideration by Exam Board to
  effect a more proportionate penalty, financial
  compensation for irregularities and creation of
  relevant rules.
• Procedural Errors. Students friend not allowed
  to speak at hearing.
• Lack of Notice. Student required to cross country
  to dictate script on the same day. No written
  notice, only a 45 minute warning to attend
  subsequent hearing.
• Delay. Process took 15 months to complete.
• Disproportionate Penalty in light of absence of
  rules for dictating scripts, no invigilation or
  treatment of occasion as being under exam
  conditions.

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Emerging Issues for discussion

• Variety of definitions of Plagiarism.
• Variable practice within individual HEIs.
• Issue of intent.
• Burden of Proof on the balance of
  probabilities (a low standard for a serious
  charge) or beyond reasonable doubt ?
• Proportionality. HEIs very often justified to
  find that failure to reference properly is
  academic misconduct. But the students intention
  and extent of the affected material should be
  taken into account when determining the penalty.
• Dealing with expectations the international
  dimension, the availability of Internet sources.
• Resisting moral panic. And if I have often
  omitted to acknowledge the source of my
  arguments, it is for the reason that in most
  cases I have forgotten it