In recent months, we have received a large number of enquiries for academic misconduct cases.
This small blog is to help international students to understand the importance of academic integrity and the legal implications of academic misconduct. By using this information, the students can avoid inadvertently making mistakes that would land them in an unpleasant situation.
There is no single definition of academic misconduct.
While all forms of academic dishonesty are a serious issue, the most severe form of misconduct is purchasing of assignments commonly known as contract cheating or impersonation. In simple terms, contract cheating occurs when the student hire someone to complete part or all of your work and then submits the work as if you had completed it yourself. For instance, having someone write an essay, report or some other kind of assignment, which is sometimes referred to as ‘ghost-writing’
It is important to note that the term ‘contract cheating’ suggests that some kind of payment is involved, there does not have to be a payment for something to be considered contract cheating.
Impact of Academic Misconduct on International Students
There are certain criteria prescribed by the Department of Home Affairs (DOHA) for Student Visas. The department has a Genuine Temporary Entrant (GTE) criterion for the Student Subclass 500 visa holders such as maintaining health insurance (8501), work limitation (8104), maximum three months study (8201), must maintain eligibility in the course (8516), but it must be kept in mind that the GTE requirement doesn’t end there.
A student visa holder will be continued to be assessed on if you are a genuine student during the validity of the visa. The student should bear in mind that If you are found to be a non-genuine student, it may lead to the cancellation of your student visa. Your student visa may be cancelled if the student visa holder has arranged another person to attend classes or exams on their behalf or was involved in any form of academic misconduct.
If you are liable for any academic misconduct, the penalties due to disciplinary action may range from academic penalties, restrictions on enrolment, suspension, exclusion or expulsion from an institution and it may imperil a student’s right to stay in Australia, require them to leave the country or lead to their removal from Australia. Such an occurrence may impose considerable costs on a student, effectively meaning they are unable to complete their studies or affect future applications to enter or stay in Australia.
Despite the above, an international student’s right to stay and study in Australia would be affected by disciplinary action in a number of circumstances described below:
(i)If a student is excluded or expelled for disciplinary reasons, they will no longer be meeting the conditions of their visa, which include requirements to be enrolled with an education provider and attend courses.
(ii) A student may have their enrolment ‘temporarily suspended as a result of disciplinary action, and it would place an international student in breach of the requirement that they must be enrolled in a full-time course of study. In this scenario, a student would also be liable to have their visa cancelled.
(iii) Further, suspension of a student from all or part of their course would likely place them in breach of visa conditions relating to course progress and attendance (Condition 8202). Even where sanctions for misconduct are solely in the form of academic penalties, such as awarding reduced or failed grades, such action may represent, or contribute to, a breach of the student’s obligations under the Migration Regulations regarding satisfactory course progress.
However, it is the duty of educational institutions that allegations of academic misconduct be investigated properly and thoroughly, and that the students involved should be afforded ‘procedural fairness’ also known as ‘natural justice’ during the investigation or hearing of an allegation of academic misconduct, and before a final determination is made.
Disclaimer:
The information in this blog is general. It does not constitute, and should be not relied on as, legal advice.
We try to ensure that the content of this information is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. We are not responsible for any loss suffered as a result of or in relation to the use of this information.
