Academic misconduct - the pressing issue for Universities and those accused

Being subjected to an academic integrity procedure is unnerving and bewildering.  That’s why legal support from experienced disciplinary specialists is so important.

Academic misconduct is on the rise.  Last year, the Guardian reported on what it described as a warning by UK researchers “of an alarming rise in cheating in universities since the Covid pandemic hit.”  At Oxford University, the number of investigations relating to academic misconduct more than doubled from 35 in 2018-19, the last academic year before the pandemic, to 77 in 2020-21.

Meanwhile, The Times recently quoted research by the Glasgow Guardian, a student newspaper at the University of Glasgow, revealing that the university received 868 allegations of cheating in the academic year 2020-2021 - a 95 per cent increase on the previous year’s total.

Whilst we have seen the weight of evidence against accused students vary from case to case, it is not uncommon for academic misconduct allegations to be based on nothing more than suspicion.  So, what can a student do if they’ve been accused of an academic misconduct offence? 

What is academic misconduct?

Academic misconduct typically refers to actions from which a student gains or attempts to gain an unfair academic advantage or helps someone else do so.  This can include:

• Plagiarism – using, without acknowledgement, another person’s work and submitting it for assessment as though it were one’s own work.
• Commissioning – arranging for another person (or company) to produce a piece of work and submitting it for assessment as though it were one’s own work.
• Collusion – working together with another student (without authorisation) to produce a piece of work and submitting it for assessment as though it were completely one’s own work / without acknowledging the other’s contributions.
• Falsification of data – fabricating the results of laboratory, field-work or other forms of data for a piece of work submitted for assessment.
• Personation – assuming another person’s identity with intent to deceive or gain an unfair advantage in relation to a piece of work submitted for assessment.

Such an allegation can be daunting, but there are steps that you can take to defend yourself effectively. 

First, it’s important to understand the process that your school, college or university follows.  As part of the initial phase of the investigation, you’ll probably be interviewed.  Once this stage is completed, you should be notified of the investigating officer’s findings. 

If the investigating officer decides to pursue the investigation, there may be a formal hearing, during which the evidence will be examined, the formal allegations will be put to you, and you’ll see the evidence against you.

Academic misconduct hearings / meetings – the process

Whilst procedures for formal hearings / meetings differ slightly across education providers, most follow a similar chronology.

The academic integrity officer will usually open the case on behalf of the education provider by relaying the facts and summarising their evidence to the panel.  You will then be asked whether you admit or deny the allegation/s. 

If you admit the allegation/s, the panel will consider which penalty to impose, and they should provide you with an opportunity to make a plea in mitigation.

If you deny the allegation/s, the education provider may call witnesses to give live evidence and should allow you or your representative (if you are allowed one - see next section) to ask questions of them.  Legal assistance can be useful here to assess the weight of the evidence, consider potential challenges that can be made and establish the best way to assert your defence. 

In most hearings, it will then be your turn to give live evidence and call your own witnesses, including any experts. It is sometimes prudent to prepare, and perhaps serve, a written statement in advance of the hearing setting out your account.

Finally, there may be an opportunity for closing speeches.

The panel will then decide whether the allegations have been proved and, if so, consider which penalty to impose.  They should provide you with an opportunity to make a plea in mitigation before imposing any penalty and ought to explain any right to appeal the outcome.

Academic misconduct hearings – the role of a solicitor

A solicitor can help you with the meticulous preparation you’ll need prior to the formal hearing / meeting, regardless of whether you will be admitting or denying the allegation/s.

If you are denying the allegation/s, the burden of proof in these cases should always be on the education provider to prove the allegations against you, with the standard of proof being on the balance of probabilities (i.e. more likely than not to have happened). As part of your defence, you should prepare a statement setting out your version of events.  You might also consider submitting statements from other witnesses and, perhaps, a relevant expert. 

Whether you are admitting or denying the allegation/s, good character references and certificates showing achievements and awards are often useful to demonstrate your integrity and reliable record.

In our experience, education providers can sometimes assert that, because this isn’t a formal legal process, the same rules of evidence that would apply in a court of law would not apply in this setting.  While this might be strictly true, these rules have been developed over a considerable time to ensure fairness and the rules of natural justice still apply.

One particularly frequent issue we encounter is students not being permitted to legal representation at any formal hearing / meeting unless there are exceptional circumstances. We have often argued (successfully) that our student clients should be entitled to such representation, but in any event instructing lawyers to assist with the preparation of your defence and/or mitigation can be invaluable.

For any student – and their parents – experiencing an academic misconduct process can be extremely distressing, especially since there is so much at stake and the procedures can be confusing.  Professional legal advice can provide the clarity desired and support needed to reach a desirable outcome.

Further information

Investigations of this nature can be complicated and confusing for complainants and respondents who do not understand the process or their rights. Please reach out to a member of our team if you have any questions.

ABOUT THE AUTHOR

Alfie Cranmer is an associate in the firm’s Regulatory team. He specialises in advising regulated professionals who are subject to investigations and disciplinary proceedings in the legal, finance and healthcare sectors. He has a particular interest and expertise in advising students who face behavioural, sexual or academic misconduct allegations brought by their education providers.