Student Academic Misconduct Through a Canadian Legal Lens

Melissa Morrison,Philip Zachariah

doi:10.1007/978-3-030-83255-1_28

Abstract

AbstractThe processes that post-secondary institutions use to detect, investigate, judge and discipline cases of academic misconduct are shaped by legislative and judicial requirements including procedural fairness. This chapter situates post-secondary institutions’ options on addressing allegations of academic misconduct in the broader Canadian legal context. Reviewing leading Court cases, including those where students appealed findings of misconduct, this chapter analyses the key principals that post-secondary institutions should adhere to in order to provide sufficient procedural fairness. We conclude with practical considerations that post-secondary institutions can take to minimize decisions about academic misconduct being overturned by the Courts.

Highlights

The processes that post-secondary institutions use to detect, investigate, judge and discipline cases of academic misconduct are shaped by legislative and judicial requirements including procedural fairness
Our goal is to provide postsecondary institutions with the necessary information to create fair and sound policies, that would be supported by the post-secondary community and the Courts
This chapter does not examine in detail, some examples are provided, the different approaches taken by post-secondary institutions across Canada, or make judgements on whether those approaches would be seen as fair and appropriate in law

Summary

Introduction

The processes that post-secondary institutions use to detect, investigate, judge and discipline cases of academic misconduct are shaped by legislative and judicial requirements including procedural fairness. We highlight some important cases in which academic misconduct decisions have been appealed to or judicially reviewed by the Courts. Flowing from the enabling legislation, a post-secondary institution can create the structures and procedures to deal with allegations of academic misconduct involving students.

Objectives

Results

Conclusion