What to do if you are accused of cheating
Thousands of students are now sitting exams and submitting assignments. What should you do if the university accuses you of academic misconduct?
Few experiences are more terrifying for students than receiving a formal letter from the university alleging ‘academic misconduct’ or, in layman’s terms, cheating. This can range from possessing notes in an exam to asking someone else to write an assignment for you. The consequences can be dramatic and, for vocational courses like medicine and law, career-ending. So what should you do if you receive the dreaded letter?
Here are some tips from my experience as a barrister who has defended hundreds of students accused of cheating.
1. Don’t panic
When you read the letter, you will be distraught and will want to act immediately. You will be tempted to send e-mails to your tutor or other members of the university staff. If guilty, you might want to confess straight away. If innocent, you may plan to write an outraged e-mail claiming your innocence.
Do not succumb to the temptation. Remember the saying favoured by astronauts: ‘there is no situation so bad that you can’t make it worse’. Hasty e-mails sent in a state of high emotion can make the situation far worse.
Any document — and that includes e-mails and social media posts — can be used as evidence later in the process. You need to determine your defence strategy before sending any e-mails to university staff or posting anything on social media.
Pause and gather as much information as you can about the allegation. Imagine you have been accused of ‘self-plagiarism’ (i.e., copying your own previous work) in an assignment. You should find out the regulations for academic misconduct and ask the university for the Turnitin report if there is one, the previous work allegedly copied, the accuser’s written report, and any other relevant documents. Generally, you are legally entitled to them.
2. Seek help
Once you have reflected on the allegation and collated the documents, seek help either from the Student Union or if you can afford it a lawyer with expertise in higher education. Bring all the documents with you. Cases can be won and lost on a single detail so the adviser must be in possession of all the relevant information.
Make sure you seek help before contacting anyone from the university. You need to be clear about your defence strategy first. Otherwise, you might inadvertently undermine your case.
3. Think evidence
Your adviser and you should think about what evidence might assist your case. This could be witness statements but also CCTV evidence if you are accused of cheating in an exam hall or even a forensic linguistics report if accused of buying an essay.
When making a contention, ask yourself “how can I prove that?”. This should help you find any supportive evidence.
4. Think tactics
If accused of academic misconduct, you can either be guilty or not guilty. Sometimes it is obvious in which category you fall. If you paid someone to write your entire essay, you are guilty of commissioning an essay. If guilt is obvious, the usual strategy is to focus on mitigation to minimise the severity of the sanction.
But what if you paid someone to proof-read it? What if the student accused of self-plagiarism copied just 3 lines from a previous essay? What if a student was found with a phone in his pocket at the start of an exam and the phone was off? Are they guilty? The answer is ‘it depends’ and the adviser should help you determine whether to plead guilty or fight for innocence. This forms a central part of your strategy.
5. Write your statement
Virtually all institutions allow students accused of academic misconduct to produce a statement putting their side of the story.
As a rule of thumb, you should write a statement. A well-written, persuasive and comprehensive statement can take the sting out of potential attacks at the hearing.
Most common errors are statements with little focus on the key issues, ignoring weak points, with excessive emotion (“My whole future will be destroyed!”, “I beg you to give me another chance!”) and riddled with poor spelling and grammar. There needs to be a logical structure and a compelling argument supported by evidence.
As a good statement can bring around a sceptical panel and a bad one can make things worse, you should spend hours on the document. It may be the most important thing you’ll ever write. Ask your adviser for help with drafting.
6. Prepare for interview/hearing
If invited to a hearing, prepare thoroughly for it. Bring all the documents so you can refer to them if necessary.
You should know your strategy by now. Prepare what you want to say. Anticipate likely questions and rehearse answers. A good motto is ‘hope for the best but prepare for the worst’. Imagine a hostile panel, firing repeated rounds of barbed questions.
7. Hearing
Do not go to the hearing alone. Bring someone with you. Even if that person is not allowed to speak, or not gifted in the art of advocacy, he or she can take note of the proceedings (important in case of disagreement about what was said or a later appeal) and their presence alone will be helpful.
It will be intimidating. In my last hearing, there were 30 academics, in full gowns, around an enormous table; how students are expected to handle such pressure is a mystery. However, thorough preparation and a trusted person accompanying you will calm your nerves.
Unless represented, you should prepare an opening speech and a shorter closing speech. Listen very carefully to any questions asked, not least because questions offer clues as to what the panel member is thinking, and answer them directly.
Dress smartly and be courteous always.
8. Consider appeal
If found guilty when you believe you are innocent or given a penalty that you consider disproportionate, consider an appeal. Again, seek advice from an adviser promptly.
Barrister Dr Daniel Sokol is a former university lecturer and Founder of Alpha Academic Appeals
Twitter @DanielSokol9
