ERIC Number: ED272995
Record Type: RIE
Publication Date: 1986
Reference Count: 0
Plagiarism and Cheating.
Mawdsley, Ralph D.; Permuth, Steve
Plagiarism and cheating can be defined as academic dishonesty and represent policy concerns among all levels of education. Such cases involve academic versus disciplinary decisions and the need to determine the student's understanding of the definition of plagiarism or cheating. This paper analyzes six legal issues raised in court cases and applies standards based on case law: (1) The issue regarding intent to deceive as a necessary element for academic dishonesty highlights the importance of understanding the legal relationship between an institution and its students. The student handbook should provide clear statements. (2) Written indication of cheating or plagiarism should be given, and a reasonable time to prepare defense is required. Procedural rights involve the issues of whether a protectable property or liberty right is at stake and the fact that plagiarism and cheating penalties are considered to be disciplinary. (3) Cross-examination is a right in all academic dishonesty cases. Questions directed to a chairperson during a hearing can minimize confusion. (4) Entitlement to a hearing is affected by student handbook provisions, but students have the opportunity to present and to contest evidence before a school officer. (5) A guilty finding in itself provides sufficient reason for discharge unless school rules require a written statement regarding the evidence supporting the finding. (6) An appeal process beyond the individual or committee that renders a decision should be provided. (CJH)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: N/A
Note: In: Jones, Thomas N., Ed. and Semler, Darel P., Ed. School Law Update, 1986 (EA 018 725).