|
OTTAWA (CUP) -- A graduate student has won his lawsuit against the University of Ottawa and a professor in a precedent setting plagiarism case. Paul Boudreau, a 44-year-old part-time MBA student, was awarded $7,500 in damages and his legal costs on Aug. 20 after Madam Justice Monique Metivier ruled that both the U of O and business professor Jimming Lin were responsible for copyright infringement of a paper Boudreau wrote. Lin used the paper in a case book for graduate students and presented it at a 1992 conference in New Orleans. He also referred to himself as a co-author of the paper in an application for a promotion. Boudreau was not given credit for his work in any of these instances. It is the first recorded judgment with extensive rationale in Canada in which a student took action against a professor for plagiarism and the university was also found at fault in the incident. "The cavalier attitude of the university toward this complaint included showing great deference to professor Lin's self-interested view of a most serious matter while barely deigning to consider the students view," wrote Justice Metivier in her decision. |
The "university cannot stand idly by while its professors blatantly breach copyright laws. At the very least, the university is a passive participant," she continued. Boudreau's lawyer Katherine Cotton, says the U of O promoted the case book that included Boudreau's paper and was Lin's employer, and is therefore responsible for his actions. Cotton said the way the university handled Boudreau's complaint contributed to the decision. U of O officials would not comment on the specific details of the case. Public relations representative Helene Carty would not say if the university will appeal the decision. In the mean time, Carty says the U of O is reviewing the events and internal proceedings that brought about the case. "The university regrets it did not view in the same light, the events that led to this," she said. Metivier specifically criticized the U of O's handling of their complaint, saying the university's investigation focused on the omission of Boudreau's name from the paper rather than the plagiarism. The university is also blamed for not responding directly to Boudreau regarding their findings or inviting his response. |
Rubina Ramji, president of the Canadian Graduate Council is pleased with the judgment. She says a precedent was set on how universities deal with student complaints. "The university deserved the harsh comments the judge has made. Basically, [Boudreau] received no help whatsoever from the university," said Ramji. "If it had been a professor who was charging a student with the same offense or charging another professor there definitely would have been a way of dealing with it within the university." Another significant aspect according to Cotton is that although there is "anecdotal evidence" to indicate this has happened in the past, this may be the first time a student has taken action against a university and a professor in such a situation. Cotton blames students personal finances and resulting inability to pursue legal matters of this sort and the fact most plagiarism goes undetected. Sanctions against students for plagiarism can include suspension or expulsion from the university. The collective agreement between the U of O and its professors has provisions for a letter of reprimand, suspension or dismissal of a professor found violating professional codes of ethical behavior. |