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Student Academic Misconduct is a very serious matter which can result in exclusion of a student from the University, in some cases on a permanent basis. Student academic misconduct means:
The University has laid down rules which govern Student Misconduct generally. In addition to Student Academic Misconduct, Student Misconduct includes conduct which impairs the reasonable freedom of other persons to pursue their studies or research, or to participate in the life of the University, including:
Further information on these rules and procedures is available on the web at https://my.unsw.edu.au/student/academiclife/assessment/AcademicMisconductStudentMisconduct.html. However, it is particularly important for law students to understand the special rules which exist in the Law School in relation to the use of the writings of others. Since so much of the assessment within the School is based on essays or other written assignments, it is essential that students understand and observe the rules which have been laid down to identify what is acceptable academic usage, and so to avoid breaches which may lead to disciplinary action. These rules are set out below. It is important to realise that ignorance of these rules is not an acceptable excuse for any breach - all students are assumed to have read and understood what is in this book. If you have any concerns or questions, you should raise them with a teacher, the Associate Dean, or the Head of School. In recent years a significant number of students in the Law School have been charged with, and found guilty of, academic misconduct as a result of breach of the rules. Penalties have ranged from failure in the course and a fine to complete exclusion from the University. Breaches which have led to serious penalties as a result of disciplinary action include:
It is important for students to realise that it is not only deliberate acts of plagiarism or dishonesty that can amount to academic misconduct. On many occasions in the past students have been charged with academic misconduct even though they have cited the writer whose work they have drawn upon. The basic requirement of the rules is that not only the indebtedness, but the extent of the indebtedness needs to be acknowledged. For example, if just one idea or piece of information contained in a paragraph is taken from another writer, this should be conveyed in the text itself or in a footnote. But if a whole line of thought, or of argumentation, is substantially based on another write, the full extent of this indebtedness should be conveyed in the text or in a footnote that explicitly recognises the degree of indebtedness. In some cases where disciplinary action has been taken whole paragraphs, even pages, of essays have been taken verbatim, almost verbatim, or in paraphrased fashion from another writer or writers, with only a bare footnote of acknowledgments which in no way adequately conveyed the extent of indebtedness. Some students have complained that in certain areas of the law “it is difficult to be original”. This may be true in the sense that a student may feel that his or her competence in the field would not warrant a venture into publishing. However this is no excuse for plagiarism as defined and illustrated above, and in the Rules. In some cases a valid student piece of work can legitimately be based upon the survey, comparison, and analysis of the views of others, quoting where necessary, and drawing upon those materials, with proper acknowledgment. In the end, however, the assessment of a student’s work must be based on the student’s ability to express thoughts in his or her own words, and to select illustrations and to fashion arguments that evidence the student’s own understanding of what is being discussed. All students should bear these principles in mind when embarking on an essay or preparing for an examination. If in doubt, you should consult your teacher. Rules for the Acknowledgment of the Work of Others Essays or other written work reflecting research by students submitted for assessment should always give due acknowledgment to the sources which have been used. The basic principles are that you should not attempt to pass off the work of another person as your own, and you should enable a reader to check in the original source the information and ideas which you have used. It is difficult to be more precise, but the following are examples of breaches of these principles:
These principles apply to both text and footnotes of sources. They also apply to sources such as teaching materials and to any work by any student (including the student submitting the essay) which has been or will be otherwise submitted for assessment. You must obtain the prior approval of your teacher if you wish to submit to that teacher an essay substantially similar to one which has already been, or will be, submitted to another teacher. Whether in the text or the footnotes, acknowledgment should be sufficiently accurate to enable the source to be located speedily. If you are unsure whether, or how, to make acknowledgment, consult your teacher. A lot of work submitted for assessment is the student's own work in the sense that it has been composed and written by the student submitting it. It is permissible for there to be some general discussion between students in the early stages of preparation of assessment prior to the composition and writing of the piece submitted for assessment. You can assume that that sort of collaboration is not only common but often encouraged. However, you must not collaborate with any other person in the drafting and planning of assessment. As a rule of thumb, use the fact that your assessment will be marked on the basis that it is an individual, not a group effort. If it is otherwise your teacher should give you clear instructions. If you are unsure what level of discussion or collaboration is permissible you must consult your teacher. Other Rules Governing Conduct in Relation to Completion of Work for Assessment Rules governing the conduct of students in relation to work on items for assessment are often laid down by teachers or examiners in relation to the specific items. Such rules must be observed. It is not necessary for teachers to state on every occasion all of the rules which are generally understood to govern the conduct of students in relation to assessment. For example, students will be taken to know that they are not to talk or to otherwise communicate with others except a supervisor in an examination room, that they must not bring any material into an examination room except that which is permitted by the examiners or teachers in the course, that they must not seek to gain access to an examination paper prior to examinations, and that they must not seek assistance of others when work submitted is to be the student's own work. If you have any doubt about the propriety of proposed conduct, you should consult the teacher in the course, or, in appropriate cases, the Associate Dean. Student Academic Misconduct Procedures As noted above, the University has detailed rules governing disciplinary action as a result of student misconduct, including student academic misconduct. Information on these procedures can be obtained from the Student Guide or the Student Centre. However, student academic misconduct within the Law School is dealt with in accordance with the following procedures. Action by Teachers If a teacher detects academic misconduct which they believe is minor and inadvertent, they may take no action other than marking the work “on its merits” (i.e. unaffected by any judgement of dishonesty). Failure to fully comply with the rules in such cases may constitute a defect in the work submitted, and therefore lead to the work receiving a lower mark on its merits than it would otherwise have received. For example, in relation to an essay a teacher may be critical of a student’s performance because he or she has in some instances failed to follow the rules on citation carefully, whether as a result of ignorance, incomprehension, or lack of care. Lower marks may be awarded in such cases, the extent of the deductions depending on matters such as the importance of the passages affected. If an assessment has been affected by an alleged failure to observe the rules, the teacher should indicate the relevant passages and, if practicable, give an approximate indication of the marks lost as a result. The teacher may discuss the matter with the student before deciding on the mark or giving the opportunity to submit additional work. In such situations teachers are not required to give the student the opportunity to submit extra work, but they may do so if they believe it to be appropriate. Teachers may not impose any reduction of marks, or give any extra work, or ask for work to be rewritten if the basis on which this is done effect in any way on the honesty of the student concerned. All such cases must be referred to the Head of School. If a teacher is in any doubt as to how he or she should proceed, they should consult with colleagues, the Associate Dean, or the Head of School. Action by the Head of School or the Dean Under the University’s Student Misconduct rules both the Head of School and the Dean have power to hear and determine charges of student academic misconduct provided that the student agrees. The maximum penalty which can be imposed by the Dean or the Head of School is a “fail” grade for the relevant course. A student who is penalised under this procedure may within 14 days lodge a written appeal with the Registrar and Deputy Principal. The matter is then referred to a Student Discipline Committee of the University. Within the Law School there also exists a system of determining such charges through a hearing convened by the Head of School and the Associate Dean. If the student does not consent to the matter being determined by the the Head of School and the Associate Dean, or if the Head of School and the Associate Dean so decides, the complaint of misconduct will be referred to the Vice-Chancellor and determined in accordance with the University’s procedures. Students should be aware that each year a number of such complaints are made relating to academic misconduct within the Law School, and that serious punishment, including exclusion from the University, may result. Any student the subject of such a complaint is advised to obtain advice from the Student Guild’s legal officer. |
