CHEATING, PLAGIARISM, FRAUDULENT OR FABRICATED COURSEWORK AND MALPRACTICE IN UNIVERSITY EXAMINATIONS AND ASSESSMENTS

Office of Academic Appeals* (hereinafter referred to as the Office)

www.Leeds.ac.uk/AAandR

The Procedure applies to all taught students of the University, namely undergraduates, taught postgraduates and taught elements of research degrees.

Where an allegation relates to a module that is required in the student’s programme for progression, the student may progress only as the regulations allow in the absence of successful completion of the module until the case is resolved.

No award of the University may be made until the case is resolved.

A flow chart is available at: www.leeds.ac.uk/AAandR/docs/flow_chart_cpffcm.pdf

The standard Declarations of Academic Integrity are given at Annex 1..

The University determines and resolves all allegations of cheating, plagiarism, fraudulent or fabricated coursework or malpractice in University Examinations and Assessments through the Committee on Applications, a Committee of the Senate that has powers to act for and on behalf of the Senate.  A student cannot have a degree conferred or an award presented while any such allegation against him/her remains unresolved and any dishonest work remains extant.

Students may seek independent advice and support from the LUU Student Advice Centre advice@luu.leeds.ac.uk

1. CHEATING IN UNIVERSITY EXAMINATIONS

1.1 Definition
Cheating in University Examinations occurs when a candidate transgresses any of the following University rules governing the conduct of University Examinations.  Specifically, candidates shall not, intentionally or otherwise:

• introduce unauthorised items into the examination room, e.g. notes (however so recorded), or other unauthorised material (including blank paper), mobile telephones or pagers, portable or laptop computers or other electronic devices (NB – this list is not exhaustive);
• copy from other candidates or from notes;
• access or copy from sources of information (except as allowed by the Examiners or the Head of Exams) or annotate or mark this authorised information (except as authorised by the Examiners);
• disobey the regulations relating to the use of calculators;
• communicate in any way with other candidates or person(s) except the invigilators;
• remove script books (blank or otherwise) from the examination room.

1.2 Penalties
Cheating in University Examinations is treated as an absolute offence.  Cases are heard by the Committee on Applications (see 4).  Only one of two penalties will be applied unless the circumstances are wholly exceptional with permanent exclusion from the University being the norm:

• Permanent Exclusion from the University with no award.
• In the event of substantial mitigation (see footnote 1), a period of suspension followed by the requirement to repeat to pass standard, on a single occasion only as an external or internal candidate, the examination or some or all of the examinations in the Semester or Session where the incident of cheating has occurred.  The mark awarded for the whole module or series of modules will be zero and this will be retained after the requirement to repeat has been successfully completed.  Where successfully repeated the credits will be awarded but the retained zero marks will contribute to the classification calculation.  All examinations taken under these circumstances must be held in the University.

The requirement to pass the examination in question is an absolute condition of graduation from the University irrespective of the status of the assessment in the programme of study.  Unless specified by the Committee, the student will be given a single opportunity to take and pass the examination.  Where the examination is failed (see footnote 2) the student will have failed irrevocably, therefore, and the student will be required to leave the University permanently with no award.

The above penalties will not constrain the Committee on Applications from making particular and specific decisions in individual and wholly exceptional cases.

The Committee reserves the right to add comments to the student’s transcript of results in the event of an allegation being proved.

1.3 Procedure
The Head of University Examinations (Examinations Officer)

1.3.1 Where a student is suspected of cheating in a University Examination, the Head of University Examinations will investigate the allegation, consulting and informing both the Teaching and Parent Schools.

Forwarding the Case to the University

1.3.2The Head of Examinations will provide and assemble within 14 working days (see 6, Timescales) the following documentation and supporting evidence:

• a report including the results of consultations with the Teaching and the Parent School and external authorities (where the examination has been taken overseas)
• a copy of the Examination Question Paper (see below)
• a copy of the candidate’s script book(s) for the examination in question
• a copy of this Procedure

This documentation will be provided simultaneously to:

1. the Office
2. the candidate
3. the Teaching and Parent Schools of the candidate

NB:

1. The original evidence will be sent to the Office and a copy will be provided to the candidate.  If the evidence is of a type that makes it difficult or impossible to provide a copy, i.e. a mobile phone, calculator, pencil case, annotated dictionary etc, then this will be recorded in the report and the article sent to the Office.
2. If the examination paper is printed on salmon coloured paper this will not be provided to the candidate and the fact that this has been withheld will be recorded in the Head of Examinations’ report.

The Candidate’s Response to the Allegations

[The procedure continues under Section 3.]

2. PLAGIARISM, FRAUDULENT OR FABRICATED COURSEWORK AND MALPRACTICE IN UNIVERSITY ASSESSMENTS

2.1 Definition (see footnote 3)

Plagiarism is defined as presenting someone else’s work, in whole or in part, as your own.  Work means any intellectual output, and typically includes text, data, images, sound or performance.

Fraudulent or fabricated coursework is defined as work, such as reports of laboratory or practical work that is untrue and/or made up, submitted to satisfy the requirements of a University Assessment in whole or in part.

Malpractice in University Assessments (applies to work which is submitted for assessment, including work that contributes to the mark for a module or for any University award but which does not form part of a University Examination) occurs when a candidate attempts to mislead or deceive the examiners concerning the work submitted for assessment (see Annex 2).  This includes colluding with others (including other students) in the preparation, editing or submission of work.

2.2 Penalties

The Senate has approved a range of penalties for students who have plagiarised in a University Assessment or have submitted fraudulent or fabricated coursework (see Annex 3).  The penalties can also be applied to address Malpractice in University Assessments (see Annex 2).

The Committee on Applications will hear cases (after investigation at School level):

• which the central accusation is denied by the student
• where the offence merits a penalty outside the School’s remit
• where it is a second offence
• where the offence is egregious or aggravated (see footnote 4)

The normal penalty for a second, egregious or aggravated offence is permanent exclusion from the University. Only in the event of substantial mitigation (see footnote one) would a lesser penalty be considered.

Faculties and Schools are responsible for other cases and may issue Warnings or apply penalties short of exclusion, either temporary or permanent.  All cases dealt with at Faculty or School level must be reported to the Office.

The range and details of the penalties are given in Annex 3.  When plagiarism, fraudulent or fabricated coursework or malpractice is detected or suspected the University reserves the right to scrutinise and take action in respect of other work submitted by the student even if this has already been assessed and the marks published.

2.3 Procedure

Where a student is suspected of plagiarism, the submission of fraudulent or fabricated coursework or of malpractice in a University Assessment, the School where the suspicion has arisen shall investigate:

• The School will, if not the same, ensure that the student’s Parent School is kept informed.
• The School investigating the allegation will ask the student’s Parent School (if not the same) if there have been any other offences in order to determine whether the allegation under investigation would constitute a first offence.
• If appropriate, the School will determine whether any further coursework currently or previously submitted by the student is subject to plagiarism, fraud or fabrication or malpractice.

School Investigation

2.3.1 The School will assemble the case and will give the student not less than 3 working days notice in writing (see 6, Timescales):

• of the allegation(s)
• of the details of all the piece(s) of work that will be discussed
• a copy of the work marked-up together with the evidence which the student will retain after the School meeting
• of the date of the School investigation meeting (see below)

2.3.2 The School meeting will:

• normally comprise the Head of School or nominee and at least two other members of School staff, including those tutors most closely associated with the work in question
• be minuted by a member of the School attending the meeting or by another member of staff;
• address all the allegations faced by the student;
• permit the student an opportunity to justify the work and to offer any mitigation;
• permit the student to be accompanied by a supporter under the terms of 4.1(ii)

Where the student is absent from the meeting without good cause (c.f. acceptable absence from a University Examination) he/she will be presumed to have admitted the allegations and will therefore forfeit the right to appeal.  The School will progress the case as an admitted offence.

2.3.3 Where the student admits the allegation(s) the School will decide whether it is necessary, bearing in mind the offence itself, to forward the case to the Committee for final determination and the imposition of a penalty.  The range and details of the penalties are given in Annex 3.

Penalty imposed at School level:

Where it is decided by the School to address the case at School level, the School should decide upon the penalty, inform the student and report the case and penalty to the Office (see footnote 5). A copy of the minutes of the meeting, including the Panel’s findings, conclusions and determination, together with a letter giving the penalty should be sent to the student no later than 14 working days after the School meeting and simultaneously be copied both to the student’s Parent School and to the Office.

Refer to Committee on Applications (admitted but offence either warrants a penalty exceeding School’s authority; is a second offence or is an aggravated offence):

Where it is decided by the School that the case should come to the Committee on Applications, a penalty may be proposed and the student may be informed of the proposed penalty if the School wishes.  The case will proceed under 2.3.5.

2.3.4 If the student denies the allegation(s), after the student has withdrawn from the meeting, the School meeting will determine whether or not the student has plagiarised, the coursework is fraudulent or fabricated or there has been malpractice.  The meeting will record the reasons and its findings as the conclusion of the minutes in 2.3.2 above.

Not Guilty of the offence:
If the meeting finds that plagiarism has not occurred, or that the coursework is not fraudulent or fabricated, or malpractice has not occurred, then the School will, within 14 working days after the School meeting (see 6, Timescales), write to the student accordingly.  The case will then be at an end and no records will be retained.   The work will be marked in accordance with normal arrangements and without penalty.

Denied allegation(s) but School Panel considers the student is guilty of the offence:
If the meeting considers the student guilty, the case must come to the Committee on Applications.  A penalty may be proposed (see Annex 3).  This recommended penalty alone will form a separate sheet of the minutes and will not be made known to the student.  The case will proceed under 2.3.5.

Forwarding the Case to the Committee

2.3.5 Where the case is to be forwarded to the Committee under 2.3.3 or 2.3.4 the School shall, within 14 working days of the School meeting (see 6, Timescales), send to:

(a) the student:

(i) a letter informing him/her that the case is being sent to the Committee;
(ii) a copy of the minutes including the School Panel’s reasons, findings and conclusions;

In these circumstances the student’s attention is drawn to Section 3.

(b) the Office:

(i) a completed pro forma (CPFF Pro Forma 2010-11 PDF or CPFF Pro Forma 2010-11 Word Doc);
(ii) a copy of the letter inviting the student to the meeting in the School;
(iii) the documentation referred to in paragraph 2.3.1 (as provided to the student);
(iv) a copy of the letter informing the student the case is being sent to the Committee
(v) the minutes of the School meeting (as provided to the student – see above 2.3.5(a)) and copies of all additional correspondence;;
(vi) copies of the handbooks for the module(s) concerned and any other relevant published information, including the Schools Code of Practice on Assessment etc;
(vii) whereapplicable, a separate sheet (see 2.3.4) giving the School’s recommended penalty;

3. The Candidate’s/Student’s Response to the Allegation

3.1 When the Head of Examinations/School notifies the student that the case is to be sent to the Committee, the student should be aware that he/she may be required to appear before the Committee on Applications (see footnote 6) (see 4).

3.2 Within14 days of the date of the letter notifying the student that the case is being sent to the Committee (see paragraphs 1.3.2 or 2.3.5) the student shall send to the Office:

• confirmation as to whether the allegation is admitted or denied;
• any statement in defence of his/her innocence or in mitigation;
  NB.  The student must ensure that no evidence or information is held over in the expectation that it can be presented later.  If it is and it is judged that it could reasonably have been brought forward, it will be discounted.  Where the statement is received after the deadline it will be accepted only at the discretion of the Committee.
• an address to which all correspondence concerning the allegation can be sent (see 8).

4. The Committee on Applications

The case will be heard and determined on behalf of the Senate by the Committee on Applications.

The Committee hears cases in good faith and will accept statements and answers accordingly.  However, the Committee will not ignore abuses of its trust or deceptions and reserves the right to take further or separate action where such abuses are found to have been perpetrated.

The Hearing

The Committee will determine the cases and, as appropriate, impose penalties.

4.1 The Committee may proceed as it determines subject to the following:

(i) the student(s) must be heard in person:  if the student does not attend without good cause (‘good cause’ being interpreted as it is under the Examination Regulations) the case will be heard and determined in his or her absence.  In these circumstances the student’s right of appeal to the Pro-Vice-Chancellor is forfeit;

(ii) the student may be accompanied by a single supporter of his or her choice who may or may not be a member of the University (but that supporter cannot represent the student and cannot appear if the student is not present in person) also see paragraph 7.4;

(iii) the student may put his or her case and the Committee will require the student to answer questions;

(iv) the papers for the case that are available to the Committee shall be available to the student, except, where the student denies the allegation, the recommended penalty from the School (see 2.3.4);

(v) the student and the School representative shall appear separately before the Committee;

(vi) the Committee will not permit plea bargaining or discussion of any penalty with anyone who is not a member of the Committee;

(vii) all hearings shall be in private and shall remain confidential;

(viii) the Committee shall give its findings at the earliest opportunity (see 4.3);

4.2 The Committee may elect to hear the Head of School concerned, or his/her nominee.  Where this is not the Parent School, the Head of the Parent School may also be required to give evidence to the Committee.

4.3 Where the student is found guilty the Committee will decide the penalty.  The decision and notification of any penalty will be sent to the student not later than 7 working days after the determination has been made.  Where the student has denied the allegation(s), and has been found guilty this will be issued similarly and in addition a reasoned judgement, if issued separately, within 28 days thereafter.

5. Appeals

5.1 A student may appeal to the Committee (except either as provided in 2.3.2 or where a Written Warning has been issued) from a penalty imposed by the School.  Such appeals must be made in writing to the Office not later than 14 days after the School’s decision has been issued (see 2.3.3).  The student will not appear before the Committee unless the Committee so decides and the Committee’s decision will be final.  Action taken by the Committee will follow that given in 5.3(i) to (iii).

5.2 The student may appeal to the Pro-Vice-Chancellor (except as provided in paragraph 4.1(i)) from either the findings of, or the penalty imposed by the Committee.  Such appeals must be made in writing to the Office not later than 28 days after the date of the Committee's decision being issued or, if issued separately, the reasons (see 4.3).

5.3 Having considered the appeal, the Pro-Vice-Chancellor may:

(i) confirm the findings and the penalty in all respects;
(ii) change, revise, or vary the penalty in accordance with the decision on the appeal;
(iii) uphold the appeal, remove the penalties and quash the findings of the Committee on Applications.

The decision of the Pro-Vice-Chancellor will be given as soon as possible but not later than 3 months after the submission of the appeal

6. Timescales

7.1 Results, Transcripts and Awards

A student cannot have a degree conferred or an award presented while an allegation(s) remains unresolved. The student’s name will not appear on Pass Lists or degree ceremony lists and publications while an allegation is under consideration.

No certification or academic transcript will be issued until all allegations brought under this procedure are resolved and discharged to the satisfaction of the Committee on Applications or the Chairman acting on its behalf. 

7.2 Retaining Papers

Students are responsible for retaining copies of their case papers, correspondence and other records.  The University will not provide additional copies or replacements of documents to students or their supporters.

7.3 Supporter (see footnote 8)

It is the responsibility of the student to invite the supporter to attend any hearing and notify the supporter of the time and place of the hearing.  The student is responsible for providing any documentation they wish their supporter to receive.  The student is responsible for the conduct of their supporter at the hearing.

7.4 Correspondence

The student will respond to the accusation and address all correspondence and any subsequent appeal personally and cannot delegate these responsibilities to a third party (see footnote 9). This does not affect the student’s right to a supporter.  No substantive correspondence or discussions will be entered into by the University or the Office with a third party including the supporter.  Correspondence or other communications from third parties will not receive a substantive response.  All substantive correspondence will be addressed directly to the student personally and will not be copied by the Office to a third party or to the supporter.

7.5 Committee Membership

The student shall be entitled to object to any member of the Committee on Applications.  The student shall support the objection with reasons.  The objection and the reasons shall be considered by the Chairman of the Committee whose decision will be final.  If the objection is upheld by the Chairman the member shall withdraw for the case in question.  The current membership of the Committee may be found on the web.  The student must lodge any objection and reasons in writing to the Office not less than 7 working days before the Hearing.

7.6 Revocation of Degrees

In the event of an allegation(s) being proved after a student has graduated, any degree or award of the University that is held by the student may be revoked by the Committee.

7.7 Costs

Where the case is heard in vacation and where the School Panel or the Committee on Applications finds the student innocent of the allegation(s) the student may apply to the Office for reimbursement of reasonable costs (see footnote 10) incurred in the process of defending the allegation.  Such costs will be restricted to out of pocket expenses incurred by the student alone and will not include any costs of the supporter, including legal, professional or other that the student has chosen to employ.

7.8 Procedural Irregularity

If the student believes that a procedural irregularity has occurred at any point in the procedure as it has been applied to his/her case, this must be drawn to the attention of the Office immediately and by way of a separate letter or email headed ‘Procedural Irregularity’.  Notice of such irregularities embedded in the response or other correspondence or papers will not be accepted.  In response the Office will either offer an explanation or appropriate action will be taken to mend the procedure. If the student remains dissatisfied with the explanation or the action taken the University Complaints Procedure will be invoked either by the student or, if the student so declines, by the Office in order to secure a resolution of the disputed explanation or action.  Pending this resolution, the case will be halted.

If a procedural irregularity is raised at or immediately prior to the hearing it will be set aside by the Committee if it is judged that it could have been raised in time for appropriate corrective action to be taken.

8. Address Information

Unless the student notifies the Office otherwise, correspondence from the Office to the student that will arrive in term-time will be sent to the term-time address.  Correspondence that will arrive in vacation will be sent to the permanent home address.

No change of address will be accepted unless a specific and separate request is made in writing directly by the student to the Office.  Changes of address embedded in correspondence will not be accepted as notification of such a request.  (A form is available on the web site http://www.leeds.ac.uk/aaandr/forms.htm.)

9. Advice, Contacting the Office and Receipts

9.1 The Office will be pleased to give procedural advice but will not comment on or offer advice upon any part of the case itself.

9.2 The Office cannot undertake to receive documents by hand.  Papers for submission should be posted to arrive within the time limits.

9.3 When the University is closed and during public holidays and when staff of the Office are on leave the processing time in the Office will necessarily be extended.

Contact details are as follows:

Tel: 0113 343 3990
Fax: 0113 343 3991
Email: AAandR@leeds.ac.uk

Dr C A G Brooks
Office of Academic Appeals and Regulation
Room 11.68, Level 11, E C Stoner Building, University of Leeds, Leeds LS2 9JT
Web site www.leeds.ac.uk/AAandR

9.4 Receipt of documents will be acknowledged but only by email and if an email address has been provided.  Students are recommended to use their University email account.  In the case of finalists this will not be closed until the case has been concluded.