Requirement of natural justice in plagiarism inquiry: the impact on Malaysian universities
Requirement of natural justice in plagiarism inquiry: the impact on Malaysian universities
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2014-00-00
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Gan, J. E.
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Abstract : This article examines the requirement of fair procedure in plagiarism inquiry conducted by Malaysian universities. As a general rule, educational institutions have wide discretion to determine the procedure of their disciplinary inquiry. Headmasters and inquiry committees are not expected to hold elaborate inquiry or adopt procedure akin to a criminal trial. However, it is argued that universities should apply more rigorous procedure in view of the Universities and University Colleges Act 1971 and the Private Higher Educational Institutions Act 1996 that impose specific due process requirements in disciplinary inquiry. A finding of plagiarism could be set aside where it was reached in violation of the rules of natural justice. Recent development suggests that such finding could be set aside on the ground of procedural unfairness even though the student had clearly committed plagiarism. Procedural issue aside, a university could be deemed to have contributed to a student’s act of plagiarism where it failed to issue proper guidelines on what constitutes plagiarism. Consequently, Malaysian universities might be forced to review their policy on plagiarism – in terms of content and clarity and whether the same is communicated effectively to students.
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in : [2014] Law Review 102
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in : [2014] Law Review 102
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Requirement of natural justice in plagiarism inquiry: the impact on Malaysian universities
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Gan, J. E.
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2014-00-00
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Abstract : This article examines the requirement of fair procedure in plagiarism inquiry conducted by Malaysian universities. As a general rule, educational institutions have wide discretion to determine the procedure of their disciplinary inquiry. Headmasters and inquiry committees are not expected to hold elaborate inquiry or adopt procedure akin to a criminal trial. However, it is argued that universities should apply more rigorous procedure in view of the Universities and University Colleges Act 1971 and the Private Higher Educational Institutions Act 1996 that impose specific due process requirements in disciplinary inquiry. A finding of plagiarism could be set aside where it was reached in violation of the rules of natural justice. Recent development suggests that such finding could be set aside on the ground of procedural unfairness even though the student had clearly committed plagiarism. Procedural issue aside, a university could be deemed to have contributed to a student’s act of plagiarism where it failed to issue proper guidelines on what constitutes plagiarism. Consequently, Malaysian universities might be forced to review their policy on plagiarism – in terms of content and clarity and whether the same is communicated effectively to students.
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in : [2014] Law Review 102
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in : [2014] Law Review 102
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Plagiarism--Education--Law and legislation--Malaysia
Universities and colleges--Law and legislation--Malaysia
Education, Higher--Law and legislation--Malaysia
Universities and colleges--Law and legislation--Malaysia
Education, Higher--Law and legislation--Malaysia
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School of Hospitality, Tourism and Culinary Arts