Where courts and academe converge: Findings of fact or academic judgment
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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.
Australia & New Zealand Journal of Law & Education
Copyright 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.