Question:

Students who are found to have cheated shall be expelled from the university. Presenting another student’s work as their own.

The university shall establish a committee to consider allegations of cheating.

(i) the committee shall consist of

(a) An academic

(b) a member of the Student’s Union

(c) a senior member of the university’s administrative staff.

(ii) The committee’s decision shall be final.

The University administrator issues a policy saying that, where two students submit identical work both will be presumed to have cheated.

Samira lives in student accommodation in a small flat with three other students. One of her flatmates, Petunita, is studying on the same course as Samira. They both have an important piece of coursework due in. Samira, who is a very organised student, has done the work early. On the 25th of May, the day the work is due in, Petunita hasn’t started it. Samira goes out for a run and, leaving her laptop open. Petunita copies Samira’s work whilst Samira is out and submits it as her own. Samir later submits the same work.

The university software picks the essay up as identical and Samira and Petunita are summoned to cheating allegation hearings before the committee. They both receive the summonses at 9am: Petunita’s hearing is at 11.30 and Samira’s hearing is at 12.

At Petunita’s hearing, Petunita claims that she and Samira did the work together and it is a pure accident that they ended up with identical answers.

The committee decide that Samira and Petunita did the work together and so both a guilty of cheating.

At Samira’s hearing, the academic, Quentin, says, “Now, Samira, We already know from another source that you and Petunita did the work together on the 25th May. Petunita submitted hers first, and then you submitted an identical piece of work.”

Samira says,

“But I did the work myself. I’ve got the files on my computer to prove I did it before the 25th. Can I go and get them to show you.”

Quentin says,

“I am sorry but we have a policy that, if two students submit the same work, both are guilty of cheating. We already have evidence that you two did the work together. Our decision is final. You will have to leave the university immediately.”

(a) Identify any ways in which you feel that the hearing does not comply with natural justice.

(b) Is the decision of the adjudicator illegal in any way?

(c) Is the decision judicially reviewable on the merits?

(d) Is the adjudicator acceptable?

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