DS has been an idiot - plagiarism. What is the likely outcome?

[fumps]

DS's coursework for an A'level standard qualification has been sent back to the school because he plagiarised work from another student in one of the modules.

He has 'fessed up to copying from a memory stick given to him by the other pupil (who is also in trouble for handing over his work), and his school has to submit a report to the examining board.

It was an incredibly stupid thing to do, and looking at the exam board website, he risks a range of penalties which go as far as not letting him sit any more exams.

He's predicted AAB in the 3 other subjects at A2 and in his defence was suffering a range of legitimate pressures at the time including his own long-standing disability, recovering from another short-term but serious illness and bereavement - he looked for a shortcut to get the coursework done rather than talk to his teachers or even us, his parents, about relieving the pressure.

I hope the school will reflect that in their report - they know he's been depressed and is having treatment - but does anyone here (especially anyone working for an examining body) have idea what the likely penalty might be in reality?

The plagiarised work represents a section of about a sixth of the overall qualification. My hope is that he will be awarded 0 for that section and be allowed to re-do it, but that might be over-optimistic.

The only positive is that he has learned this lesson now, not at university or A2 (if he can now get that far).

Thank you for the support Lionness.

Parenting a child with a disability hasn't been easy, and I feel guilty for not recognising sooner how much it was damaging his self esteem and causing his low mood.

It doesn't escape the fact that what he has done was wrong, but, as it would in the analogies you quote, offer some mitigation when it comes to 'sentencing', to continue the analogy.

I will talk to his teachers to find out how they plan to address that in their report to the exam board, and ask to see their submission. If I and my husband aren't satisfied with that, we can look into whether we can submit evidence of his condition separately.

I don't expect him to be let off the hook - that would be wrong - but I do want the exam board to be in possession of the circumstances surrounding what happened.

Can I suggest you go to a solicitor and get an expert report through the solicitor (which means you will have some help in the instructions to the expert and the report is privileged, plus the solicitor will help you find an appropriate expert, and make sure the tone is important?). I think you want evidence from a medical mental health expert as to how his depression impacted his judgment and how he was not being adequately supported, and how the other factors you identify interplayed. If your son is being treated by a supportive consultant at the hospital this could also work, but I'd probably also try the solicitor route. I'd look for a solicitor who does education and mental health law. The mental health charities may be able to help point you in the direction of a competent firm. The solicitor can help you talk through what else your son might be able to do to help himself e.g. apologise in writing, and also whether e.g. It might be open to your son to sit the subject paper with another exam board or to withdraw from the paper or whatever else are his wider options.

Vivacia - Nobody has said schools have a duty to test for unknown physical disabilities; they do not. The OP has stated that the school were aware of his disability and therefore once a disability is declared, they have a legal obligation to make and anticipate reasonable adjustments to help support the young people. If the YP had been given extra time, for example, to complete his coursework, he may not have had to resort to cheating.

Fumps - Alanna has given some good advice, but personally I would avoid a solicitor at this stage.
I would make a chronological list of every appointment, day off school etc due to medical reasons. Then ask the school what reasonable adjustments they put in place, ie extra time to complete coursework, given the work he had missed etc. If you have had any discussions with the school in the past re his illness and how it affects him, add that to your list.
Then make your appeal against whatever decision based on that - if you have the facts listed, it is difficult to dispute. I would be doing exactly the same as you letting him know it is wrong, maybe even get him to write an apology letter explaining how he felt at the time.
And I know parenting a child with a disability is never easy. When it is an "invisible" one it is doubly hard. No-one would ask a child in a wheelchair to get out and walk, yet effectively children with disabilities that affect their mental capacity are expected to do the same as their peers. They simply can't. It is very sad that despite the laws in place, schools are unable to recognise that.

Lion yes, reading back I misunderstood what you said. My point was that mentioning it on a reply slip for a trip is not the same as ensuring the school are informed about a condition or need that they need to take account for. I was making the point that the OP had in fact ensured the school were informed, had SEN meetings and/or a Statement etc. I thought you were saying that the onus was not on her to do this, but that the school had a legal duty to find out for themselves. What was your point?

I think somebody said that the student has diabetes, and that effected his judgement so that he cheated?

Lioness and OP, I probably wouldn't tell the school I was speaking to a solicitor, and I probably wouldn't want the solicitor to write (creates wrong impression). But I'd use one for knowledge, advice, tone, and especially getting an expert, if the evidence is there and it sounds like it could be, to write the right sort of report to help do my damnedest to dig my child out of the hole he'd got himself in. A mental health report saying that was probably caused by inadequate support of a clinically depressed student responding to elevated stress could do wonders to stop it going further and could seriously minimise the penalty. But it takes time, effort, knowledge to get the right person. That's what a good solicitor should do.

I have diabetes. And whether you are low or high, is irrelevant to the conscious decision to plagiarise.

He doesn't have diabetes, but was under pressure for all the reasons listed in my OP, including a physical disability which the school were officially made aware of, but which probably teachers weren't as well informed as they might be about it. it's not a visible disability unless you happen to know about the condition itself - I don't want to say what it is as it may identify him as it's quite rare.

The pressure on him mounted throughout the year until he cracked, and is now having treatment for his mental health issues. This was before the plagiarism came to light.

I'm grateful for the advice and support I've had from some of you here. We probably won't see a solicitor - I'm articulate and used to constructing arguments in my job. I think any background to the circumstances should come from the school and ds in the first place - but we do need to find out more about the process. It all came as a shock last week, to everyone involved.

He has apologised profusely to the other pupil who gave him the work on a memory stick - the least he can do.

My concern is for ds's health and well being in the first place, but I hope we can help him put a decent explanation forward - he has had a lot to deal with, and when I started writing it down I felt guilty we hadn't supported him better.

Fumps don't beat yourself up about it, I am sure you were doing everything you could and hindsight is a wonderful thing.

Good luck with it all. This thread is a fine example of how easily mistakes can be made. bangs head against wall

fumps

Are you sure the report will actually be about your son? I would have thought it would be about why the school hadn't picked up on the plagiarism and their methods for checking rather than about one student.

Lionessnurturingcubs

I actually have quite a good understanding of disability issues, DDA, SENDA, Equality Act.

I also have a number of disabilities myself, both seen and unseen, no that does not make me an expert on all disabilities but it does give me an understanding of some.

The school not making reasonable adjustments is discrimination but did that really cause him to plagiarise?

fumps
I know it's tempting to go down the route of, 'it wasn't his fault, his disability made him do it', but do you and more importantly does your son want that on his record? How can his school or a future a uni make a reasonable adjustment to accommodate him if you do?

If an adjustment is not reasonable then the school/future uni do not have to make it. The school could say they can only meet his needs by him taking exam only subjects.

A university can, quite legally, say that they are not able to accommodate his needs or that adjustments are not 'reasonable'.

Sassh - yes you're absolutely right that not making reasonable adjustments is discrimination, and the reason it is discrimination is because by failing to do so, the school are setting him up to fail. I don't think anyone is claiming that his disability caused him to plagiarise, and the OP has stressed to him the severity of what he has done.

However, the questions do need to be asked as to what adjustments, if any, were made. If not why not? And if there weren't then the school needs to take some responsibility for what has happened.

If no adjustments were made, the YP is immediately at a disadvantage from his peers, ie. less time to complete coursework, lots of time off for medical appointments, and too sick to complete work. The reasonable adjustment clause in law is there to counter these disadvantages, and that's why it is imperative that schools do it.

Claiming discrimination could have been done before-hand to prevent a disadvantage occurring. Now that the disadvantage has occurred, it has to be investigated. That is my point.

I disagree with Lion.

I have diabetes and my son has AS.
So, I do know how disability affects.

I don't admittedly have any experience of depression.

I do believe that the school have a duty to examine this and find out if they have fulfilled their obligations, to a pupil with a disability.
He may be under pressure. And he may have needed more support and help.

I am not a doctor, so I do not know if his "disability doesn't prevent him from knowing right from wrong".
But I have to say I am doubtful.
I do believe his disability makes him need more support and care.
But arguing this case, on the basis of knowing right from wrong, I find that hard to accept.

Please don't try to shove the blame onto the school or argue that his diabetes had anything to do with it.
You are being the ultimate in PFB.

intitgrandthe OP is not blaming the schoolschool, nor does he gave diabetes.

Then why mention it?

That was me. Refering to diabetes. When Lioness said her ds had it. Not Op's ds.

So what's the OP's son's condition which makes it difficult for him to know that cheating is wrong?

Fumps - perhaps it is better to find the support and advice you need through the EASS?

If this was my child I would honestly be telling him to take it on the chin. Your boy has cheated and you are making excuses for him. Have you always let him get away with stuff? It seems the chickens are coming home to roost.

You are preventing him from learning an important life lesson here. If you cheat, then there are consequences.
I really don't mean to be harsh but seriously, he ought to take responsibility for this.

Thanks Lioness - I have sent you a pm.

I'm extremely offended at the excuses you and your son are using. I'm not that much older than him and I have extremely severe Depression and even worse Anxiety.

He knows what he did was wrong. What he did to the other boy was cruel. Make him actually take responsibility!

I think that's a bit too harsh Moomin and FreyPie the OP has repeatedly stated that she's left her son in no doubt as to the seriousness of his mistake. What's come to light now is that he has some medical condition which led to him cheating and going through with it (my point being that it's not a single, spur of the moment decision).

My question is whether the school were in full possession of the facts. I don't think that mentioning the condition on a trip form is enough.

...and much as I'd like fumps to say what the condition is and whether the school were acting with full knowledge of it I doubt she'll say and I don't blame her.

Well, what I hear is the OP being well aware of her ds's responsibility in this matter, holding him accountable and - no doubt - having been very cross with him. Rightly so.

At the same time, I hear her processing what has happened and putting it in context - again rightly so.

I for one made some utterly mad decisions at 16-18, some of the consequences of which I lived with for a long time - and I bet many of us can say the same. I never cheated at exams, but I did other things I'm not proud of.

So all the judgemental stuff, IMO, is