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Mar 14, 2019 at 15:36 comment added Hagen von Eitzen Good to hear that the narrow definition (during the exam) means that breaking into the office after the exam and replacing the paper is not cheating ;)
Mar 13, 2019 at 14:34 comment added Daniel @Valorum: Probably, examination boards frequently come to questionable decisions. The point is: Are you aware of cases they have been legally challenged and won a case that is comparable to the OPs?
Mar 13, 2019 at 14:30 comment added Daniel @JoeLee-Moyet: Very important point, thanks! I have added some context. However, I think that the general statement holds for any western system: While the institution defines what constitutes unauthorised behaviour, it has to follow general principles of law (e.g., principle of proportionality, principle of transparency, in dubio per reo). "Having access to old exams" and "got a good grade" would probably fail everywhere as constituting a case of cheating.
Mar 13, 2019 at 14:20 history edited Daniel CC BY-SA 4.0
Added disclaimer regarding the actual academic system.
Mar 13, 2019 at 14:10 comment added Valorum @Daniel - I'm sure there have been many other cases over the years. That's literally just the first one that came up on google.
Mar 13, 2019 at 14:01 comment added Daniel @Valorum: Well, that case is still open, isn't it? I doubt that the university can win it. However, I now understand you sentiment better: It is true that that exam board could cause you a lot of trouble for even ridiculous interpretations of cheating.
Mar 13, 2019 at 13:53 comment added Valorum There's an example here of a university which suspended students for using a study-tool app which was loaded with past papers; insidehighered.com/quicktakes/2018/05/11/…
Mar 13, 2019 at 13:52 comment added Joe Lee-Moyet @Daniel: you're making an argument from law - what law? what jurisdiction? As far as I'm aware, where I am (in the UK), cheating and other academic misconduct is a matter for the academic institution concerned, which will have its own policies and disciplinary procedures that students are explicitly or implicitly signed up to.
Mar 13, 2019 at 13:48 comment added Daniel @Valorum: Even that exam board is bound by state and federal laws. I could not imagine a (nontotalitarian) legal system, where mere "keeping of past papers" (at home) could constitute cheating, not to speak of "passing them on". (How is the latter defined anyway? Who cheats in which exam in that case?)
Mar 13, 2019 at 13:42 comment added Daniel @user207421: No, this technically (and legally) is not cheating. If you acquire the copy by illegal measures (e.g., paying someone to hack into your supervisors computer), this is a case for criminal law and treated as such. Point is that if – for whatever reason – the current exam was leaked before its actual date, it becomes invalid for the whole class. This supersedes any kind of cheating in that actual exam.
Mar 13, 2019 at 6:34 comment added Valorum It may also be the case that the keeping of past papers (or passing them on) is considered cheating by that exam board
Mar 13, 2019 at 1:57 comment added user207421 It isn't limited to what takes place during the exam. For example, consider the case of acquiring a copy of the current exam ahead of time.
Mar 12, 2019 at 21:47 history answered Daniel CC BY-SA 4.0