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Calvin Asks: Can an academic be deemed to plagiarise questions from an exam paper previously set by someone else?

In setting an exam paper, can an academic be deemed to ‘plagiarise’ (i.e. claiming attribution for a work they did not author OR using someone else’s work without prior attribution) questions from another exam paper previously set by someone else on the same subject;

If the answer is NO: If ‘plagiarism’ is not the right term to describe copying by academics in exam paper situations, should the fact that exam questions were copied to a significant degree render the exam void?

If the answer is YES: If an academic can be deemed to ‘plagiarise’ an exam paper in a significant and material way, would this render the exam void?


A bit of background:


A 2014/2015 Electronic Engineering exam paper was set by Academic A, and it was the last exam paper they set as a lecturer at University X before they left for another organisation.


The 2017/2018 Electronic Engineering exam was the exam that I sat for, and it was set by Academic B. The syllabus Academic B taught contained many differences to the syllabus taught by Academic A.


Each exam paper was set by one person only.


I and my classmates believe that Q5 of the 2017/2018 exam plagiarised Q4 of the 2014/2015 exam in its entirety. The only difference is section (a), a minor section. Besides this, the solutions are identical.


We also believe that Q2 of the 2017/2018 exam plagiarised Q5 of the 2014/2015 exam, besides section (a), a minor section, and the only difference is that Q2 was reformatted.


I appreciate that community members cannot review the specifics of these exam questions, but I would still appreciate it if you could analyse this situation generally.


So far, despite having access to both papers, University X has completely refused to answer the allegation of copying and/or plagiarism at both the initial informal level (when many of my classmates taking the module complained about the exam paper and the Faculty held a student feedback meeting), and also at the formal complaints level (though the University’s own complaints procedure). This is despite the fact that the University’s own Code of Practice for Assessment and Feedback (2017/18) requires lecturers to “Rewrite/modify the assessment task each time the course is taught.”


The university could technically argue (but has not done so yet) that as it owns the copyright to the exam papers, it cannot (through one of its employees) plagiarise itself. However, though copyright infringement and plagiarism are similar in some aspects, they are distinctly different. While plagiarism is an offence against the author, copyright infringement is an offence against the copyright holder.


Unfortunately, I have not been able to find any precedent on plagiarism by academics in examination contexts as opposed to students and your comment would help to us fairly apply academic integrity to all.


One might ask why a student would be unhappy about a past year exam question (which had published solutions available online) appearing in a current exam. The answer is that Academic B never referenced past exam papers not set by them, the syllabus was very different, and Q5 was completely unattemptable as it was not covered in the syllabus. Besides, it would be hypocrisy if students were penalised for plagiarism, but not academics setting exams.


If you are able to comment on this and allow me to quote your comment, particularly in a submission to the Office of the Independent Adjudicator, I would be extremely grateful as it will go a significant way towards encouraging University X to face this issue, rather than dodging it as they have been doing at present. I and my classmates wish University X had been willing to face the issue internally, rather than claiming academic discretion and that 3 out of 5 questions in the exam were still answerable.


Thank you sincerely for taking the time to read this. I will be very appreciative of any insights.


Uni Student - UK


 
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  • I think I would agree with Simon in that your best argument would be that the question doesn't fit with the published syllabus.


    This question though reminds me of an issue that my fellow A Level Geography students and I had at Sixth Form...


    At the very first lesson of the first term the Geography Teacher told us that we would be studying West Africa.  We said to the Teacher that this was a bit odd as we'd studied West Africa for our O level course but he repeated and was insistent  that's what we'd be doing. So we spent the first year of Six Form studying this subject (again).  Second year of study and our first Teacher had retired so we had a new Teacher. First lesson, the new teacher asks us to open our books on South America at page 'whatever'.... We all looked at each other with confusion then one of us said "But we're doing West Africa Sir?" "No" said the Teacher, "South America is on the syllabus for this course?" He made a few calls to check and yes he was correct, we should have been studying South America .... angry


    We then had to cram two years of study into a handful of months before the exams and were told that the 'mistake' would be taken into consideration in our results.... However, I do not believe that they were, as every single one of us failed that exam. Nothing ever came of it as I think they just brushed their colleague's incompetence under the carpet and we were not encouraged to make a complaint or take it any further...
Reply
  • I think I would agree with Simon in that your best argument would be that the question doesn't fit with the published syllabus.


    This question though reminds me of an issue that my fellow A Level Geography students and I had at Sixth Form...


    At the very first lesson of the first term the Geography Teacher told us that we would be studying West Africa.  We said to the Teacher that this was a bit odd as we'd studied West Africa for our O level course but he repeated and was insistent  that's what we'd be doing. So we spent the first year of Six Form studying this subject (again).  Second year of study and our first Teacher had retired so we had a new Teacher. First lesson, the new teacher asks us to open our books on South America at page 'whatever'.... We all looked at each other with confusion then one of us said "But we're doing West Africa Sir?" "No" said the Teacher, "South America is on the syllabus for this course?" He made a few calls to check and yes he was correct, we should have been studying South America .... angry


    We then had to cram two years of study into a handful of months before the exams and were told that the 'mistake' would be taken into consideration in our results.... However, I do not believe that they were, as every single one of us failed that exam. Nothing ever came of it as I think they just brushed their colleague's incompetence under the carpet and we were not encouraged to make a complaint or take it any further...
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