Is cheating on college exams illegal?

BrandonBlock

Talking about Ireland anyway. My friend thinks it is. He says you can be prosecuted by the gardai for fraud. Is this true?

I said I didn't think so because they are not state exams. Thanks!

MarkR

Civil matter i'd imagine. Fraud would probably be a bit of a stretch?

BrandonBlock

Thanks for the reply. I thought Fraud was a bit of a stretch myself too. Any more opinions welcome.

Star Lord

Don't know about the legality of being prosecuted for it, but if you're caught you will be thrown off the course at the very least.

Nevyn

It does break your contract with the college and they can then withdraw all services and privlages.

BrandonBlock

Aye I know that you can and more than likely will be kicked out of college and never let back into that particular college, just wondering about it from a purely legal point of view please.

zAbbo

Don't know if it's illegal but it's unlikely you'll be allowed sit another exam by the examination governing body

BrandonBlock

I'm well aware of all this. Just wondering about the legality of it, hence why I posted in the legal forum

dermot_sheehan

It's obtaining a good (i.e. the quallification) by deception and is therefore fraud under s. 6 of the criminal justice (fraud and theft offences act) 2001 http://www.irishstatutebook.ie/ZZA50Y2001S6.html


For the State Examinations Commission Exams there is a specific offence under s. 52 of the Education Act 1998 http://www.irishstatutebook.ie/ZZA51Y1998S52.html

BrandonBlock

gabhain7 wrote:

For the State Examinations Commission Exams there is a specific offence under s. 52 of the Education Act 1998 http://www.irishstatutebook.ie/ZZA51Y1998S52.html

College exams are NOT state examinations, so that act doesn't apply.

dermot_sheehan

BrandonBlock wrote:

College exams are NOT state examinations, so that act doesn't apply.

I'm aware of that fact.

I brought it up with regard to the question as to whether cheating on an exam could be considered fraud as the legislature has decided to enact a specific offence for leaving cert exams. I still believe however cheating on a college exam can be considered obtaining either goods or services by deception and therefore fraud under the 2001 act.

BrandonBlock

Is there any way to confirm that it is in fact fraud? (Its actually to settle an argument with a friend)

[Edit]And technically would it only be considered fraud if you completed your course and obtained your degree? If you cheat in an exam and get caught, without having gained anything (diploma, degree, etc) it's not fraud?[/Edit]

dermot_sheehan

BrandonBlock wrote:

Is there any way to confirm that it is in fact fraud? (Its actually to settle an argument with a friend)

[Edit]And technically would it only be considered fraud if you completed your course and obtained your degree? If you cheat in an exam and get caught, without having gained anything (diploma, degree, etc) it's not fraud?[/Edit]

It could then be considered attempted fraud.

The High Court said in passing in Flanagan v. UCD http://www.bailii.org/ie/cases/IEHC/1988/1.html

20. The present case is one in which the effect of an adverse decision would have far-reaching consequences for the applicant. Clearly, the charge of plagiarism is a charge of cheating and as such the most serious academic breach of discipline possible. It is also criminal in its nature. In my view, the procedures must approach those of a court hearing. The applicant should have received in writing details of the precise charge being made and the basic facts alleged to constitute the alleged offence. She should equally have been allowed to be represented by someone of her choice, and should have been informed, in sufficient time to enable her to prepare her defence, of such right and of any other rights given to her by the rules governing the procedure or the disciplinary tribunal. At the hearing itself, she should have been able to hear the evidence against her, to challenge that evidence on cross-examination, and to present her own evidence.

BrandonBlock

Thanks for your replies gabhain7, I'd be interested to hear anyone elses interpretation of the law too.

Overheal

Take a new angle: using a then-fraudulent degree to administer medicine and/or surgery ...

Gobán Saor

gabhain7 wrote:

It's obtaining a good (i.e. the quallification) by deception and is therefore fraud under s. 6 of the criminal justice (fraud and theft offences act) 2001 http://www.irishstatutebook.ie/ZZA50Y2001S6.html


For the State Examinations Commission Exams there is a specific offence under s. 52 of the Education Act 1998 http://www.irishstatutebook.ie/ZZA51Y1998S52.html

Not sure I'd agree, Gabhain7.
S. 2(3) of the same act provides:

(3) For the purposes of this Act—

(a) "gain" and "loss" are to be construed as extending only to gain or loss in money or other property, whether any such gain or loss is temporary or permanent,

It might be stretching things a bit too far to argue that a "qualification" is of the same nature as money or other property.

Also worth looking at the definition of deception in s 2(2).

(2) For the purposes of this Act a person deceives if he or she—

(a) creates or reinforces a false impression, including a false impression as to law, value or intention or other state of mind,

(b) prevents another person from acquiring information which would affect that person's judgement of a transaction, or

(c) fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he or she stands in a fiduciary or confidential relationship,

Putting this together with s. 6 it would seems that the offence of Making Gain by Deception is extraordinarily widely drafted and would catch many things that are normal (if somewhat sharp) everyday business practice. Most advertising for a start!

For this reason, in particular, I think a court would apply a pretty strict construction and throw out a case of exam cheating under this section

dermot_sheehan

Gob&#225 wrote: »

Not sure I'd agree, Gabhain7.
S. 2(3) of the same act provides:


It might be stretching things a bit too far to argue that a "qualification" is of the same nature as money or other property.

Also worth looking at the definition of deception in s 2(2). Putting this together with s. 6 it would seems that the offence of Making Gain by Deception is extraordinarily widely drafted and would catch many things that are normal (if somewhat sharp) everyday business practice. Most advertising for a start!

For this reason, in particular, I think a court would apply a pretty strict construction and throw out a case of exam cheating under this section

Well the act does give a broad definition of property:

property" means money and all other property, real or personal, including things in action and other intangible property

I understand what your saying though, King v. Ireland holds that ambiguious statutory offences are unconstitutional. I still think though that in the case of an academic qualification, the qualification is either intangible property itself, or if nothing else the physical degree parchment itself could be considered property within the meaning of the act.

Gobán Saor

gabhain7 wrote:

Well the act does give a broad definition of property:

I understand what your saying though, King v. Ireland holds that ambiguious statutory offences are unconstitutional. I still think though that in the case of an academic qualification, the qualification is either intangible property itself, or if nothing else the physical degree parchment itself could be considered property within the meaning of the act.

I can't find an authority for it, but the essense of property seems to be that it is capable of alienation in some form. Property must have an owner or at least be capable of having an owner. And a concept of ownership is meaningless unless there can be a transfer of ownership. As you can't (legally:D ) buy, sell, give away, devise, bequeth or otherwise transact a qualification, I can't see it qualify as property.

Though, I would have to concede the paper parchment is "property". Obtaining a sheet of heavily embossed paper by deception?:p I suppose so....

Jo King

I am inclined to agree with gabhain7. The 2001 Act resembles its British counterpart of 1968 and 1978 much more that it's predecessor the 1916 Larceny Act. It is sufficient to cause loss to another to commit an offence. there does not have to be any tangible property taken. In the case of cheating in an exam, there is considerable loss to the institution in investigating the offence and going through the disciplinary procedure. There is ample authority to the effect that an almost worthless piece of paper (such as an uncashable cheque) is property capable of being stolen. The English case law since 1968 shows how wide the scope of theft can be.

Overheal

I hope you realise as well, that the amount of effort that has been spent investigating wether this was illegal or not could have been pooled into passing without cheating at all ( we call it studying in the biz' )

seamus

What's the status of NUI exams though in a legal context? Since NUI colleges are essentially state-run third level institutions, and their degrees are pretty the highest recognised qualification in the country, do their exams not count as state examinations?

nando

I don't know about other NUIs but UCD are very lax in their attitude to cheating.

During 3 sets of end-of-year exams about a dozen people in my class were caught cheating and reported by the invigilators. They were stopped at the time but allowed to carry on the exam and subsequently given their results and allowed to carry on the course. The entire year was given a stern lecture on the issue from the faculty dean after exams, but that was all that came of it.

Trojan911

gabhain7 wrote:

It's obtaining a good (i.e. the quallification) by deception and is therefore fraud under s. 6 of the criminal justice (fraud and theft offences act) 2001 http://www.irishstatutebook.ie/ZZA50Y2001S6.html

gabhain7,

Would you consider "Obtaining a Pecuniary Advantage" on this one also? In theory the person has lied to a future employer to gain employment should he offer the qualification up to secure employment, a qualification he gained by cheating and therefore would not have been offered the employment without the qualification.

TJ911...

dermot_sheehan

The only offence under irish law of obtaining pecuniary advantage by deception is in relation to fraud affecting the european union under s. 42 of the fraud and theft offences act 2001.

To the best of my knowledge there is no offence like s. 16 of the UK Theft Act 1968

Ellie2008

The worst thing about it - you have to live with it with the sleepiness nights and hiding the fraud that you are, I hate myself for it and don't know what to do, I'm a liar, cheat and thief by deception.

Victor

Gobán Saor wrote: »

Though, I would have to concede the paper parchment is "property". Obtaining a sheet of heavily embossed paper by deception?:p I suppose so....

Have you heard of a bearer bond?

yawhat!

Nope, you will be brought before the college disciplinary committee and they will decide whether to expel you from the course or give you 0 for the exam you did along with other options. More than likely just a 0

Peregrinus

It's an offence not under s.6 but under s. 7 of the 2001 Act - obtaining services by deception. The "service" obtained is the award of a degree.

schemingbohemia

Of course, it could all depend on who your father was.......