Full question:
If one can commit plagiarism without intent, can one be found guilty of plagiarism if one did not intend to or knowingly attempt to steal another's ideas or pass another's work off as one's own? The issue is my daughter is being sanctioned and punished by her college (put in her record that she is guilty of academic dishonesty/plagiarism) when the only thing she is guilty of is not knowing how to cite correctly in the APA style. I think her college is misinterpreting the law. How can one be found guilty of academic dishonesty without intent-doesn't dishonesty imply intent? The policy says 'plagiarism is an attempt to present as one's own what has come from another source.' It goes on to give examples of plagiarism like not citing correctly, etc. and saying plagiarism can be accidental or intentional. I am confused because if it is an 'attempt' then it needs to be intentional. My daughter did not attempt to steal another's ideas. She cited each and every source, but not correctly. And it is going on her record that she is guilty of plagiarism. The only thing she is guilty of is not including quotation marks when she should have. I think this is wrong. Please answer this question according to the law. In addition, can you direct me to sites that explain the guidelines that other universities use to determine whether a student is guilty of plagiarism and how these unintentional cases are sanctioned/punished if at all.
- Category: Education
- Subcategory: Student Rights
- Date:
- State: Washington
Answer:
Yes, a person can be found guilty of plagiarism even if they did not intend to steal another's ideas or pass off someone else's work as their own. In academic settings, this determination is typically made through internal processes at the institution. While colleges have guidelines for handling such cases, the outcome often involves subjective assessments. Generally, courts will only review these cases to ensure that the student received due process during the disciplinary proceedings. This includes being notified of the charges, understanding the grounds for potential sanctions, having the opportunity to confront evidence, and being able to present their own evidence. They should also have the right to assistance from someone within the college community, be informed of the tribunal's findings, and have access to the decision for personal review. Relevant cases in New York include *Matter of Kalinsky v. State Univ. of New York* (214 A.D.2d 860 [3d Dept 1995]) and *Matter of Trahms v. Trustees, Columbia Univ.* (245 A.D.2d 124 [1st Dept 1997]). Users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.