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  • Where courts and academe converge: Findings of fact or academic judgment

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    Author(s)
    Cumming, Joy
    Griffith University Author(s)
    Cumming, Joy J.
    Year published
    2007
    Metadata
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    Abstract
    When matters relating to general education decisions arise, courts from many jurisdictions are reluctant to engage with arguments that they see as the professional domain of educational authorities, schools and teachers. Matters that raise procedural issues, including those encompassed within principles of natural justice, will be considered by the courts if they can be detached from the educational decisions. In general, the courts abstain from comment on the educational decision that was made, either in terms of endorsing or negating the decision. This paper considers the judgment in Humzy-Hancock, regarding a university ...
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    When matters relating to general education decisions arise, courts from many jurisdictions are reluctant to engage with arguments that they see as the professional domain of educational authorities, schools and teachers. Matters that raise procedural issues, including those encompassed within principles of natural justice, will be considered by the courts if they can be detached from the educational decisions. In general, the courts abstain from comment on the educational decision that was made, either in terms of endorsing or negating the decision. This paper considers the judgment in Humzy-Hancock, regarding a university decision about student plagiarism, in this context. The findings in Humzy-Hancock suggest that universities should consider the wording of their policies around plagiarism with great care.
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    Journal Title
    Australia & New Zealand Journal of Law & Education
    Volume
    12
    Issue
    1
    Publisher URI
    http://www.anzela.edu.au
    Copyright Statement
    © 2007 Australia & New Zealand Education Law Association. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Education
    Law and Legal Studies
    Publication URI
    http://hdl.handle.net/10072/18571
    Collection
    • Journal articles

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