I will of course, do my best to keep updating Times Higher readers on the Kent case, but at the moment, the student in question seems to have gone to ground.
Phil Baty
-----Original Message-----
From: Plagiarism [mailto:[log in to unmask]]
Sent: 12 September 2004 19:27
To: [log in to unmask]
Subject: Re: PLAGIARISM Digest - 25 Aug 2004 to 26 Aug 2004 (#2004-84)
Although I was complicit in the analogy wars, I fully agree with Mike's
comments. Why don't we ask Phil Baty to make sure that the outcome of
the Kent case is reported in the Higher? (I think he's signed up to this
list.)
George.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
George MacDonald Ross
Director
Philosophical and Religious Studies Subject Centre
of the Higher Education Academy
School of Philosophy
University of Leeds
Leeds LS2 9JT UK
+44 (0)113-343-3283
[log in to unmask]
http://www.prs-ltsn.ac.uk
-----Original Message-----
From: Plagiarism [mailto:[log in to unmask]] On Behalf Of Mike
Reddy
Sent: 09 September 2004 12:57
To: [log in to unmask]
Subject: Re: PLAGIARISM Digest - 25 Aug 2004 to 26 Aug 2004 (#2004-84)
> From: Duncan Williamson <[log in to unmask]>
> Date: 26 August 2004 07:22:10 BST
> Subject: Analogy wars
>
> Now we're into the analogy wars: who's analogy is better than whose?
> Does my
> analogy look big in this? Who cares?
Well no-one, if it helps debate. Everyone if it gets in the way.
> Let's take a tip from contract law.
Sadly, the one thing we cannot do is take a tip from Law, of any kind.
University regulations are not the same as Law, in that there is the
case for ignorance being a defence. More importantly, there is no
answerability or responsiveness to democratic objection: we elect
politicians, who make laws, which can be challenged. There is no
democracy in the writing of university guidelines, and little ability
for the recipients (victims?) to be involved in the development, rather
than the implementation of those regulations; specifically, those
relating to academic infringements and fair assessment.
I cannot comment on the specifics of the Kent case, without further
information. However, I can say it appears rather arrogant to just
write off this student as a liar, and assume it is impossible that he
was never exposed to formative feedback that might have enabled him to
correct what is clearly unacceptable in an academic setting.
There has been some discussion in the past of "requiring" students to
sign agreement to regulations on registration, where there is no
reasonable attempt to ensure that they understand or agree to the
contract they are signing. Look at the digest 19th to 22nd September
2003 for one example from Margarita Rainford
<[log in to unmask]>
I am not a lawyer, nor do I play one on TV, but I can see that a
university could be legally challenged for not ensuring informed
consent.
> When you book into an hotel you will see a sign at reception or
> somewhere
> near to the effect that the management cannot be held responsible for
> the
> loss of personal articles ... leave your valuables in the safe.
> When you park you car in a car park you will see a sign that the car
> park
> management cannot be held responsible for the theft of personal
> possessions
> from your car ... lock things out of sight ...
None of these exonerate the organisation if they can be legally
challenged as unreasonable. Otherwise, hospitals could avoid all
litigation by having a sign on the entrance saying "Take care when
being submitted to hospital, as people die here. It's your own fault if
you do."
>
> Adopt the policy, in your own department at least of erecting a sign
> right
> by the front door and erect signs in every teaching room and
refectory:
>
> Plagiarism refers to the act of copying without reference to the
> original
> authors: whether such original materials exist in written form,
> electronic
> form or in spoken form ...
> Plagiarism is an offence against humanity and will not be tolerated:
> even if
> you get away with it for 2.85 years out of your three years here and
> then
> get caught, you are not excused because you thought it was right all
> along.
A little heavy handed. Hands up who can agree that plagiarism is more
than an offence against the self. I refer you to the comment about
pre-judgement I made earlier.
> And so on and even if you don't like precisely what I have just
> written then
> substitute what you do like: this forum has been good at giving us
> lots of
> good ideas of what plagiarism is.
One of the hardest things to do is define plagiarism, especially in
language that is understood and justified for students who have not
been inured in the Academic Culture for many years.
>
> I have said before that this statement also needs to be in a learning
> contract that students and Institution both sign at the start of a
> course.
Again, maybe we could get some more legally oriented people to discuss
the responsibilities of institutions in defining what the contract is
in an accessible way.
> Be practical, get a grip and deal with it.
We can agree on this.
> Don't call someone names or be overtly rude, blatantly sarcastic or
> condescending
Maybe, we should add "judgemental" and "prejudicial" as well?
The Kent case is up for review and appeal this month, I believe. I
would be very interested in the result. If we ever find out what
happens - assuming that no "keep quiet" agreement is imposed - the
debate can be opened up. In any event, I believe we are all of the
opinion that students deliberately avoiding a fair and accurate
assessment of their abilities - through copying, or any other technique
- is wrong. What I want to do is not tar everyone with the same brush.
And the further option of feathering, hanging and quartering needs
review as much as our, in my opinion, out-dated assessment and teaching
practices. We may not have the solutions, but now is the time for hard
questions. Otherwise, the media lead the agenda, rather than follow our
developments.
Mike
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