Originally from Alternatives to the High Cost of Litigation

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There are two further issues with university disputes which are connected: the investigation of academic misconduct claims about both students and teachers, and the role of subject matter experts.

The hybrid dispute resolution model outlined last month (at the link above) does not work very well when extended to the area of academic discipline. The university has to investigate concerns about cheating in order to maintain its standards. Yet these concerns emerge by a combination of guesswork and well-informed hunches. These then have to be tested against the students to find out whether they have any basis. Often, the university has no hard evidence without an oral examination of the student, appropriately recorded.

Some universities hold oral hearings with the teacher asking the questions, but the decisions and chairing being done by somebody independent. This makes sense because the teacher is effectively one side of the dispute with the student. The neutrality of the decision maker is central.