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DATA-PROTECTION  2004

DATA-PROTECTION 2004

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Subject:

Re: Disclosure of data in disciplinary cases

From:

Margarita Rainford <[log in to unmask]>

Reply-To:

Margarita Rainford <[log in to unmask]>

Date:

Mon, 11 Oct 2004 13:24:33 +0100

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text/plain

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text/plain (87 lines)

Dear Gail,

> This is an interesting point - but I don't think I would like to take
> the chance of arguing this the next time I need to assist a student
> who is accused of either plagiarism or collusion.
>
> Firstly there is a distinction between plagiarism and collusion.
>
> Plagiarism is generally accepted to be the unacknowledged insertion
> into a student's work of material taken from the work published or
> unpublished of another person.
>
> Collusion is where a student works in collaboration with another
> person either in terms of submitting or enabling another person to
> submit work, or knowingly permits another student to copy all or part
> of a piece of work to allow the other student to submit it as his/her own.
>
> Sometimes plagiarism and collusion occur together but generally it
> would be either plagiarism or collusion because of the distinction
> between the two charges.
>
> To enable academic staff to provide the evidence of plagiarism the
> details of the piece(s) of work (published or unpublished) must be
> released to the student who is accused to prove that plagiarism has
> occurred.
>
> With collusion I would argue the same applies. The details of the
> academic work should be treated as an unpublished source. If the
> academic staff can't produce the evidence, i.e. the piece of work -
> the accused students would not be in possession of enough facts to
> defend themselves under the rules of natural justice or under Art 6 of
> the Human Rights Act. It is relevant to ensure that the two (or more
> students) accused have independent representation to ensure fairness
> and avoid conflict of interest (which is not always easy to provide
> with the constraints on the services that can be provided by the
> Student Unions)...and each case should be judged on it's individual
> circumstances.
>
> With the services of JISCPAS and other electronic detection services
> now available it would be harder to argue that the students are not
> informed that their work will be checked against other submissions
> with the references (source attribution - including names) of those
> other pieces of academic work produced as the basis of investigation
> into whether plagiarism or collusion has occurred. JISCPAS asks
> students to sign in agreement before work is submitted electronically
> to ensure that data protection rights are upheld.
>
> It would be interesting to post your query  to the RAWS and the
> PLAGIARISM lists so you have a complete view.
>
Margarita Rainford


G.M.Waters wrote:

>It has been practice in disciplinary cases involving plagiarism to give
>to the individual being investigated the name (only) of the student
>whose work appears to be very similar or the same as theirs.  It is
>thought that this gives them the fairest way of explaining the alleged
>collusion.
>Do others think that this is a legitmate disclosure?
>Gail Waters
>
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