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A postgraduate student (‘our client’) studying Emerging Digital Technologies was accused of suspected academic misconduct, in particular, collusion. Our client sought advice from RT Coopers as to how to defend the allegation and the advice given was to refute the allegation. RT Coopers prepared a statement in support of the defence of the allegation. The allegation was dismissed following the investigation meeting.
Summary
Our client was studying on the MSc Emerging Digital Technologies programme and accused of suspected academic misconduct (collusion) in an open book examination. There were a number of exam questions where the marker identified similarities and concluded that such similarities had to be attributed to collusion with another student. This was a complex case. The module was in relation to database design. The examination for this module tested coding for the database design, logical design, normalisation for relational algebra, database transactional management and linear algebra. RT Coopers drafted a robust statement denying any allegation of collusion. The client submitted the statement to the investigation officer prior to the investigation hearing and attended the hearing. The allegation was dismissed following the investigation hearing. The case did not go beyond the investigation stage.
Background
The students were encouraged to work collaboratively on the module in question and we were able to argue that there was Authorised Collaboration. Our client had extenuating circumstances including contracting Covid -19.
During lockdown, the our client could not seek help from the module leader, there was no feedback and was unable to receive feedback for solutions for past papers attempted. Our client was in a heightened state of anxiety leading up to the exams. As our client and the other student had worked on a part of the module together, they continued working together and supporting each other. Making their notes and practicing together.
During the open book exam, they used their independent notes (which had similairites as they had worked closely together). There was no conferring. At no point were the students informed that studying together was disallowed.
Denial of the Allegation
Our client denied academic misconduct during the exam, in particular, collaboration with another student during the exam. Our client submitted a detailed statement substantiated by evidence.
The allegation was defended on the grounds of (i) mitigating circumstances; and (ii) procedural irregularities. We demonstrated that the university did not adduce sufficient evidence to prove collusion, taking into account the fact that this was an open book exam.
University Decision
The university dismissed the allegation of collusion. The cap mark was removed and the client received the highest grade for the module and obtained the postgraduate degree.
Testimonial
Year 3 ‘RT Coopers solicitors assisted me in disputing an allegation the university raised against me. Dr Rosanna Cooper is brilliant! She was available, dedicated, and made every effort to prepare my defence most professionally. Rosanna clarified the issues, reasoning and meaning behind every point of my defence. Rosanna's experience and understanding of the university's regulations, together with her insisting on assuring that I'm genuinely convinced, saved me. I couldn't have been more grateful during the panel hearing for being well prepared and that I could answer all questions satisfactorily. My case was dismissed immediately.
I'm glad I met Rosanna; she represents a delicate balance of being assertive to deliver while maintaining emotional intelligence. I received personal care and honestly felt that guaranteeing an outcome in my best interest was a top priority’. PIA
© RT Coopers, 2023
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