Success in an Appeal to a University Body for an Accusation of Plagiarism
Date: August 04, 2009
Authors: Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Recently, LAC Lawyers Pty Ltd’s Michael Pickering acted for a mature aged student in his final year of studies at Victoria Law School at Victoria University in Melbourne who was accused of Level II Plagiarism amounting to serious academic misconduct.
Mr. Pickering’s client was a mature aged student who had a senior job with the Commonwealth Public Service and was a Muslim by background. He was completing the final subject of his law course prior to seeking admission as a legal practitioner with the Supreme Court of Victoria.
Level II Plagiarism is a serious charge of academic misconduct. It alleges that the student fraudulently failed to properly attribute or quote the works of another author in an intention to mislead or deceive the student’s assessor into providing a higher grade or mark in the assignment. The consequences for the client had the charge been sustained were potentially disastrous. The allegation and any adverse findings would have to be reported to the Supreme Court prior to admission. The disclosure could well prevent or seriously delay admission as a legal practitioner.
Mr. Pickering acted as counsel for the student before the Academic Misconduct Panel chaired by a Law School Professor (acting as the delegate of the Head of School), and including the Undergraduate Course Coordinator, Subject Coordinator and a delegate of the Dean of the Faculty of Business & Law.
After calling the client, his wife and various character witnesses, and after having made extensive legal submissions, the Panel retired to consider its decision which was handed down approximately one week after the hearing.
The result was that the panel dismissed the Level II Plagiarism charge of academic misconduct and instead found a reduced Level I charge of unintentional / accidental plagiarism proved to which Mr. Pickering’s client had indicated to the Law School six months earlier that he would accept by way of plea bargain.
Mr. Pickering’s client was extremely pleased with this result. His emailed congratulations to LAC Lawyers Pty Ltd dated:
“Thank you so much for your legal and moral support in the abovementioned matter.
Congratulations. I have received a letter from VU advising that the panel determined that the case of Level II Plagiarism be dismissed …
Once again, thank you so much for all your support. I will personally come to visit you to say thank you.”
And, subsequently:
“I will definitely come and see you in the next few days. I am personally obliged and thankful for your outstanding legal support.”
LAC Lawyers Pty Ltd in both its Sydney and Melbourne offices have experienced lawyers available to represent clients before disciplinary and professional tribunals and enquiries.
In Melbourne, enquiries should be made to Charles Gargoura on 1300 734 638 and in Sydney to Frank Egan (02) 9904 6800.
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