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

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Title Where courts and academe converge: Findings of fact or academic judgment
Author Cumming, Jacqueline Joy
Journal Name Australia & New Zealand Journal of Law & Education
Year Published 2007
Place of publication Australia
Publisher Australia & New Zealand Education Law Association
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 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.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.anzela.edu.au
Copyright Statement 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.
Volume 12
Issue Number 1
Page from 97
Page to 108
ISSN 1327-7634
Date Accessioned 2008-03-03
Date Available 2011-04-05T07:02:21Z
Language en_AU
Research Centre Griffith Institute for Educational Research
Faculty Arts, Education and Law
Subject PRE2009-Law, Justice and Law Enforcement; PRE2009-Other Education
URI http://hdl.handle.net/10072/18571
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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