Abstract

Keywords

Academic dishonesty; punitive approach; punitive measures; expulsion; suspension; restorative justice; institution; community; apology.

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1 Introduction

Academic dishonesty among students is a persistent problem in higher education institutions (universities, colleges) across the world, including in South Africa. 1

 Reliance Bongani Mokomane. LLB LLM. Lecturer, Faculty of Law, University of South Africa. Email: Emokomr@unisa.ac.za. ORCID: https://orcid.org/0000-0003-1301-683X.

1 Matsebatlela and Kuhudzai 2018 Alternation 182; Radulovic and Uys 2019 African Journal of Business Ethics 16.

Whatever form it takes, academic dishonesty negatively impacts on the students, the institution, the lecturers and the education system itself. According to research, students who behave dishonestly during their academic studies tend to act unethically when they enter the workplace. 4

4 Ballantine, McCourt Larres and Mulgrew 2014 Accounting Forum 56; Starovoytova and Namango 2016 Journal of Education and Practice 68; Mulisa and Ebessa 2021 Cogent Education 3; Nonis and Swift 2001 Journal of Education for Business 71.

employers. With fewer employers willing to hire students coming from such institutions, it follows that even students who do not cheat are likely to be affected by other students' academic dishonesty. 7

7 StudyCorgi 2022 https://studycorgi.com/academic-dishonesty-and-its-detrimental-effects/.

In some situations, academic dishonesty may lead to dire consequences for students. Students who have unlawfully accessed an examination paper and leaked it to others may not only be conducting themselves dishonestly, 13

13 Macupe 2020 https://mg.co.za/education/2020-11-21-there-is-no-honour-in-leaking-a-matric-exam-paper/.

Accordingly, the importance of honesty among students cannot be overemphasised. Academic honesty is regarded as "an integral part of both ensuring the quality of higher education and conducting research." 17

17 Shapoval et al 2021 Justicia 38.

students from acting dishonestly. 19

19 Reyneke "Restorative Justice Approach to Address Cyber Bullying" 343; Kara and MacAlister 2010 Contemporary Justice Review 444.

This article examines restorative justice as an alternative method of dealing with academic dishonesty in higher education institutions in South Africa. Although the use of restorative justice in the context of academic dishonesty is a novel concept in South Africa, there are international institutions with experience in this field. 21

21 See the discussion below at 5.

Various factors can contribute to student academic dishonesty. Thus, the article commences with a brief discussion of some prominent contributing factors. Thereafter, the prevalence and different forms of academic dishonesty in South African are explored. This is followed by a discussion of restorative justice and how it deals with academic dishonesty. It is also important to consider the evidence, if any, of the effectiveness of restorative justice. Therefore, the article provides an overview of international studies on the impact of restorative justice on academic dishonesty. The article further proposes methods for implementing restorative justice following academic dishonesty and closes with some recommendations.

2 Contributing factors to student academic dishonesty

Numerous factors can contribute to academic dishonesty. One of the common factors is the lack of a clear understanding of the meaning of academic dishonesty. Research demonstrates that academic dishonesty can happen due to the lack of clarity of what it is, 23

23 Diego 2017 IAFOR Journal of Education 125; Erguvan 2022 Language Testing in Asia 3; Kwong et al 2010 Campus-Wide Information Systems 341.

references or no references at all or incomplete references. 25

25 Erguvan 2022 Language Testing in Asia 2.

Although some students may not be aware that their actions constitute academic dishonesty, others are aware of the nature of their actions. Studies show that some students behave dishonestly because they feel pressure to succeed from their parents 27

27 Diego 2017 IAFOR Journal of Education 124; Starovoytova and Namango 2016 Journal of Education and Practice 67.

dyslexia), 33

33 Problems and issues associated with cognitive disability (difficulty) include the lack of concentration, inadequate attention, difficulty with reading, remembering, counting, problem solving etc – see Malik 2019 IAHRW International Journal of Social Sciences 1896.

3 Prevalence of academic dishonesty in higher education institutions in South Africa

Academic dishonesty is a common phenomenon in higher education institutions in South Africa. It is so prevalent that it is described as a cancer which is spreading rapidly across our institutions. 35

35 Matsebatlela and Kuhudzai 2018 Alternation 182.

With most institutions having recently migrated to online examinations due to the Covid-19 pandemic, this move has seen an increase in incidents of academic dishonesty compared to the figures reported in 2014 for the institutions discussed below. For example, this being attributed to online assessments, a total number of 183 students at SU have faced disciplinary proceedings for academic dishonesty in 2020, compared to two students in the previous year. 38

38 Mlamla 2021 https://www.iol.co.za/capeargus/nws/universities-see-steep-rise-in-cheating-misconduct-with-move-to-online-assessments-1ad26d3d-ce66-4d4f-87c3-2d38a6443452.

recorded a total of 10,954 cases of academic dishonesty. 40

40 GN 3461 in GG 48660 of 26 May 2023 (Mosia NT Report of the Independent Assessor into the Affairs of the University of South Africa (UNISA)) 115.

Aside from the Covid-19 pandemic, the recent past also saw the proliferation of Artificial Intelligence tools threatening academic integrity in higher education institutions. One such is ChatGPT which "enables nuanced dialogue, question answering, and content creation – augmenting human capabilities regarding analysing and producing written material." 44

44 Tarisayi 2024 Cogent Education 2.

While evidence shows academic dishonesty to be a widespread problem in higher education institutions, it is worrying that some institutions are hiding the fact that they are grappling with this phenomenon. 50

50 Govender 2014 https://www.timeslive.co.za/sunday-times/lifestyle/2014-08-17-universities-battle-a-rising-tide-of-cheating/.

the relevant statistics. 51

51 Govender 2014 https://www.timeslive.co.za/sunday-times/lifestyle/2014-08-17-universities-battle-a-rising-tide-of-cheating/.

What are institutions doing to counter academic dishonesty? There are institutional policies in place to deal with academic misconduct by students. Although the policies may differ from one institution to another in some respects, they basically emphasise the need to maintain academic integrity and spell out the steps to be followed by the institution concerned regarding transgressions by students. 52

52 See SU Policy on Academic Integrity; UNISA Policy on Academic Integrity.

In addition to the existing measures, some institutions have adopted a so called zero-tolerance (punitive) approach to academic dishonesty. 58

58 Govender 2014 https://www.timeslive.co.za/sunday-times/lifestyle/2014-08-17-universities-battle-a-rising-tide-of-cheating/; UNISA 2022 https://www.unisa.ac.za/ sites/myunisa/default/Study-@-Unisa/Student-values-and-rules

The above statistics demonstrate that the traditional methods of dealing with academic dishonesty are failing to deter it. In fact, a zero-tolerance

approach only serves a punitive purpose. If not, institutions would not be experiencing growing numbers of incidents of academic dishonesty. Disciplinary measures that fail to help students develop ethical awareness and learn from their mistakes cannot be said to promote a culture of integrity in our academic institutions. 61

61 Sopcak 2020 https://academicintegrity.org/resources/blog/149-restorative-practices-for-academic-integrity.

4 Restorative justice and its approach to academic dishonesty

4 1 What is restorative justice?

Restorative justice is a concept in criminal justice that emerged more than four decades ago. 63

63 Sliva and Lambert 2015 Journal of Policy Practice 77; Umbreit and Armour Restorative Justice Dialogue 113-115.

an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, and taking measures to prevent a recurrence of the incident and promoting reconciliation. 68

68 Department of Justice and Constitutional Development Restorative Justice 3-4.

Restorative justice therefore sees crime as causing harm to people and interpersonal relationships. 69

69 Allan et al 2014 Psychiatry, Psychology and Law 176; Batley "Restorative Justice in South Africa" 115; Department of Justice and Constitutional Development Restorative Justice 3-4.

Although punishment is not the primary focus of restorative justice, it does insist on holding offenders accountable. Accountability in the restorative justice practice has a particular meaning. As against accountability in the punitive justice system, 74

74 Justice is seen to be achieved when the offender gets convicted or punished – see Kgosimore 2002 Acta Criminologica 70; Tshehla 2004 SACJ 3.

As in other countries, 77

77 E.g. New Zealand – see Ministry of Justice Restorative Justice 4.

imposed sentences that are based on the principles of restorative justice. 79

79 See S v M 2007 2 SACR 539 (CC); S v Shilubane 2008 1 SACR 295 (T); S v Seedat 2015 2 SACR 612 (GP); S v Maluleke 2008 1 SACR 49 (T); S v Tabethe 2009 2 SACR 62 (T); S v Saayman 2008 1 SACR 393 (E).

4.2 The restorative justice approach to academic dishonesty

Restorative justice, as mentioned, is proposed as an alternative way of dealing with academic dishonesty in higher education institutions. 93

93 Kara and MacAlister 2010 Contemporary Justice Review 443; Pointer 2017 JANZSSA 64.

Thus, instead of focussing more on achieving compliance with the rules, which is usually the case with punitive measures (such as suspensions and expulsions), restorative justice tries to understand the impact of academic dishonesty on the institutional community. 97

97 Morrison 2002 Trends and Issues in Crime 6; Varnham 2005 Education and Law 97.

Like other members of the institution’s community, family members (parents) are likely to feel disappointed and hurt by the academic dishonesty of one of their own. Such conduct can diminish trust between the perpetrators and their families. 98

98 McCold "What is the Role of Community in Restorative Justice Theory and Practice?" 156-157.

their dishonest behaviour threatens relationships that are valued. 100

100 Harris and Maruna "Shame, Shaming and Restorative Justice" 453.

After the sharing of information, the next step is devising ways to address the impact of academic dishonesty. One such step is that the student may be required to apologise to those who have been affected (victims) by his dishonest behaviour, 101

101 Karp and Conrad 2005 Public Organization Review 318; Orr and Orr 2021 Journal of Academic Ethics 4; Reyneke 2011 PELJ 143.

Research further suggests that victims see restitution as a gesture of taking responsibility, 105

105 Strang "Justice for Victims of Young Offenders" 184-185.

Besides being an act of emotional repair, apology can fulfil other restorative functions. It could help to restore the wounded relationships. 109

109 Hayes 2006 Contemporary Justice Review 375.

Maintaining good relationships can be effective in addressing academic misconduct. There is evidence that students who view their lecturers in a positive light are less likely to commit academic dishonesty, thus highlighting the significance of a relational approach to teaching. 111

111 Marais 2022 Critical Studies in Teaching and Learning 61.

More importantly, since restorative justice focusses not only on the incident that has already happened but also on preventing its recurrence, apology can be effective in this regard. There is an argument that when a person genuinely regrets his actions, he will avoid repeating them. 114

114 Allan et al 2014 Psychiatry, Psychology and Law 177.

As far as prevention is concerned, some perpetrators of academic dishonesty may see themselves as victims too. In essence, since some students commit academic dishonesty inadvertently, they may feel victimised by the system. This is often so with a punitive approach to discipline that rarely gives students the chance to share their experiences. 116

116 Suvall 2009 Harvard Civil Rights-Civil Liberties Law Review 562.

sometimes caused by the pressure that students have from their families to succeed, as indicated before, restorative justice would enable such a group of students to share this influence on their behaviour with their families. With the families being made aware of their potential contribution to the students’ dishonesty, this might create an environment where the students are free to discuss their academic struggles with their families and get the support that they may need rather than resorting to dishonest means of succeeding in their studies.

Other preventative measures include addressing the underlying causes of academic dishonesty; for example, by making efforts to ensure that students understand what academic dishonesty is and what its consequences are, which can be attributed to this lack of understanding. Although institutions such as UNISA have included the attendance of awareness course in their academic integrity policies as one of their corrective measures, 120

120 UNISA Policy on Academic Integrity 11-12.

Indeed, one of the features of a restorative justice approach is that, unlike exclusionary responses such as suspensions and expulsions, it condemns the student's conduct within a supportive environment. 124

124 Morrison 2002 Trends and Issues in Crime 2. An extra effort is made to "understand the student's experience, needs, and what can be done next to make things better for all involved" – see Pointer 2017 JANZSSA 66.

dishonest behaviour among students. This is because it allows the student to remain part of the institutional community, as opposed to punitive measures, which are seen to perpetuate delinquent behaviour. 125

125 Braithwaite 2000 Can J Crim 282-283; Levrant et al 1999 Crime and Delinquency 17; Varnham 2005 Education and Law 95.

By denouncing students' conduct within systems of support, restorative justice interventions facilitate the reintegration of the student into the institutional community. They see offending students as members of the community who violated its rules only temporarily. 130

130 Dzur and Olson 2004 Journal of Social Philosophy 96.

there is reason to believe that they will think twice about again acting unethically.

Since academic dishonesty sometimes crosses the line to crime, it is worth noting that restorative justice can also be used to deal with such crimes. Although institutions do not have control over how the courts handle dishonesty-related cases, diverting them to a restorative justice process might help to reduce similar incidents in academic institutions. This is especially so given the potential of restorative justice, as demonstrated above, to counter academic dishonesty. In fact, the court in Centre for Child Law and v Media 24 Limited 137

137 Centre for Child Law and v Media 24 Limited 2020 1 SACR 469 (CC) para 76.

5 An overview of the impact of restorative justice on academic dishonesty

This section briefly looks at how effective restorative justice is in countering student academic dishonesty. As already indicated, there are countries already using restorative justice interventions in their institutions. What follows is a summary of some of the research findings on the effectiveness of restorative justice interventions.

One of the institutions that has adopted restorative justice as among its measures to deal with academic dishonesty is the University of State. 138

138 Pseudonym used by the authors. Orr and Orr 2021 Journal of Academic Ethics 1.

but also with experience that helps them to avoid future mistakes. 143

143 Orr and Orr 2021 Journal of Academic Ethics 14.

Worthy of note also are the results from the implementation of restorative justice by MacEwan University, in Alberta, Canada. As far as the procedure is concerned, before the case can be referred to a restorative justice process, certain conditions need to be met. It must be first determined whether the student acknowledges responsibility; the affected parties must voluntarily consent to participate in a restorative justice process, and the affected parties must show genuine interest in resolving the matter in a restorative way. 145

145 Sopcak and Hood "Building a Culture of Restorative Practice" 560.

we were actually able to address the situation." 152

152 Sopcak and Hood "Building a Culture of Restorative Practice" 565.

Similarly, there is an experience of satisfaction with restorative justice as a means of dealing with student misconduct in other institutions, such as Victoria University of Wellington in New Zealand. Apart from being identified by some in the institution as a problem-solving method that could also be applied in other areas of their lives, restorative justice was seen as a step in the direction of making the world a better place. 155

155 Pointer 2017 JANZSSA 66.

There is a link between honesty and integrity. The latter is described as "the quality of being honest and having strong moral principles". 158

158 Briscoe 2019 https://www.cfoselections.com/perspective/integrity-in-business-a-priceless- essential-for-success.

This section has sought to demonstrate the impact of restorative justice in dealing with academic dishonesty. The findings of the above studies show the potential of restorative justice to enhance academic honesty among students.

6 Ways to introduce restorative justice in higher education institutions

This section looks at ways in which restorative justice can be introduced by higher education institutions as a response to student academic dishonesty. Learning from what works in other jurisdictions, restorative justice can be introduced in South African institutions as a method that complements existing institutional disciplinary measures. For example, where students would normally be suspended for their dishonest behaviour, they may be referred to a restorative justice process instead. 164

164 Darling-Hammond et al 2020 Contemporary School Psychology 296.

Restorative justice can also be implemented as a mainstream response to student academic dishonesty. There is wide support for this approach, with some international institutions having recently adopted it. 168

168 Darling-Hammond et al 2020 Contemporary School Psychology 296.

academic institution's activities. 172

172 Kara and MacAlister 2010 Contemporary Justice Review 448; Reimer date unknown https://www.monash.edu/education/teachspace/articles/how-to-use-restorative-justice-in-your-classroom-and school#:~:text=Listen%20for%20understanding.,does%2C%20you%20will%20support%20them.

The successful implementation of restorative justice methods in academic institutions would require a different attitude and approach to disciplinary problems. Institutions need to change from operating as rule-based entities 174

174 Vaandering 2014 Journal of Peace Education 77.

Accordingly, some reports indicate that lecturers and other stakeholders tend to prefer harsh punishment (exclusionary discipline) over restorative justice, which is perceived as a soft method of dealing with academic dishonesty. 177

177 Darling-Hammond et al 2020 Contemporary School Psychology 297; Fronius et al Restorative Justice in US Schools 11.

Opposition towards restorative justice based on incorrect information has emerged as a barrier to its implementation in many international institutions. 179

179 Clark 2014 Student College Journal 711.

The foregoing suggests that implementing restorative justice in institutions is a time-consuming exercise that would require huge resources. 182

182 Clark 2014 Student College Journal 711; Darling-Hammond et al 2020 Contemporary School Psychology 297.

Although the implementation of restorative justice in higher education institutions is fraught with challenges, there are compelling reasons for South African institutions to overcome these barriers, given the shortcomings in the current methods of dealing with academic dishonesty.

7 Conclusion

This article shows that restorative justice can be applied as a method of responding to academic dishonesty in higher education institutions. This method is already being used by some institutions in other countries and the results are promising. Apart from addressing the root causes of academic dishonesty, restorative justice has been found to help students to

learn from their mistakes. This, as the research demonstrates, can go a long way in countering student academic dishonesty.

Given the potential of restorative justice, South African higher education institutions should consider it as a means of dealing with academic dishonesty. This would require institutions to change the way they handle issues of academic dishonesty. In essence, institutions need to start embracing the idea of restorative justice, which should be reflected in their overall approach to academic dishonesty. One way to achieve this is to include restorative justice as one of the measures to deal with academic misconduct, following the approach adopted by institutions in some other jurisdictions. This is not only to counter academic dishonesty but also to ensure that students are treated in a more dignified manner than being subjected to exclusionary (punitive) measures that humiliate them.

Bibliography

Literature

Allan et al 2014 Psychiatry, Psychology and Law

Allan A et al "Apology in Restorative and Juvenile Justice" 2014 Psychiatry, Psychology and Law 176-190

Anderman and Koenka 2017 Theory into Practice

Anderman EM and Koenka AC "The Relation between Academic Motivation and Cheating" 2017 Theory into Practice 95-102

Ballantine, McCourt Larres and Mulgrew 2014 Accounting Forum

Ballantine JA, McCourt Larres P and Mulgrew M "Determinants of Academic Cheating Behavior: The Future for Accountancy in Ireland" 2014 Accounting Forum 55-66

Barnett "Restitution"

Barnett RE "Restitution: A New Paradigm of Criminal Justice" in Johnstone G (ed) A Restorative Justice Reader 2nd ed (Routledge New York 2013) 47-56

Batley "Restorative Justice in South Africa"

Batley M "Restorative Justice in South Africa" in Peacock R (ed) Victimology in South Africa 2nd ed (Van Schaik Pretoria 2013) 115-128

Bekker and Van der Merwe 2009 De Jure

Bekker JC and Van der Merwe A "Indigenous Legal Systems and Sentencing: S v Maluleke 2008 1 SACR 49 (T)" 2009 De Jure 239-250

Bidois 2016 CLB

Bidois LM "The Value of Restorative Justice" 2016 CLB 596-613

Booth, Stuhmcke and Wangmann 2020 IJLP

Booth T, Stuhmcke A and Wangmann J "There is Plagiarism … and then there is Plagiarism: Academic Misconduct and Admission to Legal Practice" 2020 IJLP 291-316

Bosch et al 2023 SSRN Electronic Journal

Bosch T et al "South African University Students' Use of AI-Powered Tools for Engaged Learning" 2023 SSRN Electronic Journal 1-16

Braithwaite 2000 Can J Crim

Braithwaite J "Shame and Criminal Justice" 2000 Can J Crim 281-298

Clark 2014 Student College Journal

Clark KL "A Call for Restorative Justice in Higher Education Judicial Affairs" 2014 Student College Journal 707-715

Darling-Hammond et al 2020 Contemporary School Psychology

Darling-Hammond S et al "Effectiveness of Restorative Justice in US K-12 Schools: A Review of Quantitative Research" 2020 Contemporary School Psychology 295-308

De Bruin and Rudnick 2007 South African Journal of Psychology

De Bruin GP and Rudnick H "Examining the Cheats: The Role of Conscientiousness and Excitement Seeking in Academic Dishonesty" 2007 South African Journal of Psychology 153-164

Department of Justice and Constitutional Development Restorative Justice

Department of Justice and Constitutional Development Restorative Justice: The Road to Healing (The Department Pretoria 2011)

Diego 2017 IAFOR Journal of Education

Diego LAB "Friends with Benefits: Causes and Effects of Learners' Cheating Practices during Examination" 2017 IAFOR Journal of Education 121-138

Dzur and Olson 2004 Journal of Social Philosophy

Dzur AW and Olson SM "The Value of Community Participation in Restorative Justice" 2004 Journal of Social Philosophy 91-107

Erguvan 2022 Language Testing in Asia

Erguvan ID "University Students' Understanding of Contract Cheating: A Qualitative Case Study in Kuwait" 2022 Language Testing in Asia 1-19

Fronius et al Restorative Justice in US Schools

Fronius T et al Restorative Justice in US Schools: An Updated Research Review (The WestEd Justice and Prevention Research Center San Francisco 2019)

Gade 2021 Conflict Resolution Quarterly

Gade CBN "Is Restorative Justice Punishment?" 2021 Conflict Resolution Quarterly 127-155

Harris and Maruna "Shame, Shaming and Restorative Justice"

Harris N and Maruna S "Shame, Shaming and Restorative Justice: A Critical Appraisal" in Sullivan D and Tifft L (eds) Handbook of Restorative Justice: A Global Perspective (Routledge London 2006) 452-462

Hayes 2006 Contemporary Justice Review

Hayes H "Apologies and Accounts in Youth Justice Conferencing: Reinterpreting Research Outcomes" 2006 Contemporary Justice Review 369-385

Ikpa 2007 Wash U J L & Pol'y

Ikpa TS "Balancing Restorative Justice Principles and Due Process Rights in Order to Reform the Criminal Justice System" 2007 Wash U J L & Pol'y 301-326

Janosik and Stimpson 2017 Journal of Student Affairs Research and Practice

Janosik SM and Stimpson MT "The Influence of the Conduct System and Campus Environments on Student Learning" 2017 Journal of Student Affairs Research and Practice 28-41

Johnstone Restorative Justice

Johnstone G Restorative Justice: Ideas, Values, Debates (Willan Publishing Devon 2002)

Kara and MacAlister 2010 Contemporary Justice Review

Kara F and MacAlister D "Responding to Academic Dishonesty in Universities: A Restorative Justice Approach" 2010 Contemporary Justice Review 443-453

Karp and Breslin 2001 Youth and Society

Karp DR and Breslin B "Restorative Justice in School Communities" 2001 Youth and Society 249-272

Karp and Conrad 2005 Public Organization Review

Karp D and Conrad S "Restorative Justice and College Student Misconduct" 2005 Public Organization Review 315-333

Kgosimore 2002 Acta Criminologica

Kgosimore DL "Restorative Justice as an Alternative Way of Dealing with Crime" 2002 Acta Criminologica 69-76

Kwong et al 2010 Campus-Wide Information Systems

Kwong T et al "Students' and Faculty's Perception of Academic Integrity in Hong Kong" 2010 Campus-Wide Information Systems 341-355

Levrant et al 1999 Crime and Delinquency

Levrant S et al "Reconsidering Restorative Justice: The Corruption of Benevolence Revisited?" 1999 Crime and Delinquency 3-27

Louw and Van Wyk 2016 Social Work

Louw D and Van Wyk L "The Perspectives of South African Legal Professionals on Restorative Justice: An Explorative Qualitative Study" 2016 Social Work 489-510

Makiwane 2015 Obiter

Makiwane PN "Restorative Justice: Bringing Justice for Crime Victims?" 2015 Obiter 79-94

Malik 2019 IAHRW International Journal of Social Sciences

Malik MA "Studying the Effect of Cognitive Difficulty of Students on their Academic Achievement" 2019 IAHRW International Journal of Social Sciences 1896-1899

Marais 2022 Critical Studies in Teaching and Learning

Marais IE "Institutionalisation of Academic Integrity: Experiences at a Distance Education University in South Africa During COVID-19" 2022 Critical Studies in Teaching and Learning 57-79

Matsebatlela and Kuhudzai 2018 Alternation

Matsebatlela E and Kuhudzai AG "Attitudes toward Plagiarism: The Case of Undergraduate Health Sciences Students at the University of Pretoria" 2018 Alternation 181-209

McCold "What is the Role of Community in Restorative Justice Theory and Practice?"

McCold P "What is the Role of Community in Restorative Justice Theory and Practice?" in Zehr H and Toews B (eds) Critical Issues in Restorative Justice (Willan Publishing Devon 2004) 155-171

Metz 2011 AHRLJ

Metz T "Ubuntu as a Moral Theory and Human Rights in South Africa" 2011 AHRLJ 532-559

Meyer and Evans School Leader's Guide to Restorative School Discipline

Meyer LH and Evans IM The School Leader's Guide to Restorative School Discipline (Corwin Thousand Oaks 2012)

Ministry of Justice Restorative Justice

Ministry of Justice Restorative Justice: Best Practice Framework (Ministry of Justice Wellington 2017)

Miron et al 2021 CJEAP

Miron J et al "Academic Integrity Policy Analysis of Publicly-Funded Universities in Ontario, Canada: A Focus on Contract Cheating" 2021 CJEAP 62-75

Morrison 2002 Trends and Issues in Crime

Morrison B "Bullying and Victimisation in Schools: A Restorative Justice Approach" 2002 Trends and Issues in Crime and Criminal Justice 1-6

Morrison 2006 Journal of Social Issues

Morrison B "School Bullying and Restorative Justice: Toward a Theoretical Understanding of the Role of Respect, Pride, and Shame" 2006 Journal of Social Issues 371-392

Mousourakis 2003 Tilburg Foreign L Rev

Mousourakis G "Understanding and Implementing Restorative Justice" 2003 Tilburg Foreign L Rev 626-652

Mulisa and Ebessa 2021 Cogent Education

Mulisa F and Ebessa SD "The Carryover Effects of College Dishonesty on the Professional Workplace Dishonest Behaviors: A Systematic Review" 2021 Cogent Education 1-28

Mwamwenda 2006 Journal of Independent Teaching and Learning

Mwamwenda TS "Academic Integrity: South African and American University Students" 2006 Journal of Independent Teaching and Learning 34-44

Nonis and Swift 2001 Journal of Education for Business

Nonis S and Swift CO "An Examination of the Relationship between Academic Dishonesty and Workplace Multicampus Investigation" 2001 Journal of Education for Business 69-77

Orr and Orr 2021 Journal of Academic Ethics

Orr JE and Orr K "Restoring Honor and Integrity through Integrating Restorative Practices in Academic Integrity with Student Leaders" 2021 Journal of Academic Ethics 1-17

Peled, Barczyk and Sarid 2012 Educational Practice and Theory

Peled Y, Barczyk CC and Sarid M "Institutional Policies and Faculty Perceptions of Student Academic Dishonesty" 2012 Educational Practice and Theory 61-79

Pointer 2017 JANZSSA

Pointer L "Building a Restorative University" 2017 JANZSSA 63-70

Radulovic and Uys 2019 African Journal of Business Ethics

Radulovic U and Uys T "Academic Dishonesty and Whistle‑Blowing in a Higher Education Institution: A Sociological Analysis" 2019 African Journal of Business Ethics 16-41

Reyneke "Restorative Justice Approach to Address Cyber Bullying"

Reyneke RP "A Restorative Justice Approach to Address Cyber Bullying" in Kowalczuk-Walêdziak M et al (eds) Rethinking Teacher Education for the 21st Century: Trends, Challenges and New Directions (Verlag Barbara Budrich Berlin 2019) 340-354

Reyneke 2011 PELJ

Reyneke M "The Right to Dignity and Restorative Justice in Schools" 2011 PELJ 129-171

Riad 2023 Journal of Research Initiatives

Riad J "Academic Dishonesty in Higher Education: What We Know and What We Can Do" 2023 Journal of Research Initiatives 1-11

Roe 2022 Humanities and Social Sciences Communications

Roe J "Reconceptualizing Academic Dishonesty as a Struggle for Intersubjective Recognition: A New Theoretical Model" 2022 Humanities and Social Sciences Communications 1-7

Schmid 2002 VUWLR

Schmid DJ "Restorative Justice: A New Paradigm for Criminal Justice Policy" 2002 VUWLR 91-134

Shapoval et al 2021 Justicia

Shapoval RV et al "Academic Honesty: Current Status and Forms of Improvement" 2021 Justicia 37-46

Shi and Qu 2022 Frontiers in Psychology

Shi Y and Qu S "The Effect of Cognitive Ability on Academic Achievement: The Mediating Role of Self-Discipline and the Moderating Role of Planning" 2022 Frontiers in Psychology 1-18

Sibomana, Ndayambaje and Uwambayinema 2018 Rwandan Journal of Education

Sibomana E, Ndayambaje I and Uwambayinema E "Plagiarism in Higher Education Environment: Causes and Solutions" 2018 Rwandan Journal of Education 15-23

Sliva and Lambert 2015 Journal of Policy Practice

Sliva SM and Lambert CG "Restorative Justice Legislation in the American States: A Statutory Analysis of Emerging Legal Doctrine" 2015 Journal of Policy Practice 77-95

Skelton 2007 Acta Juridica

Skelton A "Tapping Indigenous Knowledge: Traditional Conflict Resolution, Restorative Justice and the Denunciation of Crime in South Africa" 2007 Acta Juridica 228-246

Skelton 2013 Restorative Justice

Skelton A "The South African Constitutional Court's Restorative Justice Jurisprudence" 2013 Restorative Justice: An International Journal 122-145

Sopcak and Hood "Building a Culture of Restorative Practice"

Sopcak P and Hood K "Building a Culture of Restorative Practice and Restorative Responses to Academic Misconduct'' in Eaton SE and Hughes JC (eds) Academic Integrity in Canada: An Enduring and Essential Challenge (Springer Cham 2022) 553-571

Söylemez 2023 Bulletin of Education and Research

Söylemez NH "A Problem in Higher Education: Academic Dishonesty Tendency" 2023 Bulletin of Education and Research 23-46

Starovoytova and Namango 2016 Journal of Education and Practice

Starovoytova D and Namango S "Factors Affecting Cheating-Behavior at Undergraduate-Engineering" 2016 Journal of Education and Practice 66-82

Strang "Justice for Victims of Young Offenders"

Strang H "Justice for Victims of Young Offenders: The Centrality of Emotional Harm and Restoration" in Morris A and Maxwell G (eds) Restorative Justice for Juveniles: Conferencing, Mediation and Circles (Hart Oxford 2001) 183-193

Strang Repair or Revenge

Strang H Repair or Revenge: Victims and Restorative Justice (Oxford University Press New York 2002)

Strang and Sherman 2003 Utah L Rev

Strang H and Sherman LW "Repairing the Harm: Victims and Restorative Justice" 2003 Utah L Rev 15-42

SU Policy on Academic Integrity

Stellenbosch University Policy on Academic Integrity: The Prevention and Handling of Plagiarism (SU Stellenbosch 2010)

Suvall 2009 Harvard Civil Rights-Civil Liberties Law Review

Suvall C "Restorative Justice in Schools: Learning from Jena High School" 2009 Harvard Civil Rights-Civil Liberties Law Review 547-569

Tarisayi 2023 AI and Ethics

Tarisayi KS "Lustre and Shadows: Unveiling the Gaps in South African University Plagiarism Policies Amidst the Emergence of AI‑Generated Content" 2023 AI and Ethics 1-7

Tarisayi 2024 Cogent Education

Tarisayi KS "ChatGPT Use in Universities in South Africa through a Socio-Technical Lens" 2024 Cogent Education 1-10

Thornock 2013 Open Journal of Nursing

Thornock SB "Proactive Solutions to Academic Dishonesty" 2013 Open Journal of Nursing 552-556

Tshehla 2004 SACJ

Tshehla B "The Restorative Justice Bug Bites the South African Criminal Justice System" 2004 SACJ 1-16

Umbreit and Armour Restorative Justice Dialogue

Umbreit Ms and Armour MP Restorative Justice Dialogue: An Essential Guide for Research and Practice (Springer New York 2011)

UN Office on Drugs and Crime Handbook on Restorative Justice Programmes

United Nations Office on Drugs and Crime Handbook on Restorative Justice Programmes 2nd ed (UN Vienna 2020)

UNISA Policy on Academic Integrity

University of South Africa Policy on Academic Integrity (UNISA Pretoria 2017)

University of KwaZulu-Natal Plagiarism Policy and Procedures

University of KwaZulu-Natal Plagiarism Policy and Procedures (UKZN Durban 2014)

Vaandering 2014 Journal of Peace Education

Vaandering D "Implementing Restorative Justice Practice in Schools: What Pedagogy Reveals" 2014 Journal of Peace Education 60-84

Van Ness and Strong Restoring Justice

Van Ness DW and Strong KH Restoring Justice: An Introduction to Restorative Justice 3rd ed (Anderson Publishing Cincinnati 2006)

Varfi, Parmentier and Aertsen Developing Judicial Training

Varfi T, Parmentier S and Aertsen I (eds) Developing Judicial Training for Restorative Justice: Towards A European Approach (European Forum for Restorative Justice Leuven 2014)

Varnham 2005 Education and Law

Varnham S "Seeing Things Differently: Restorative Justice and School Discipline" 2005 Education and Law 87-104

WITS Annual Report

University of the Witwatersrand Annual Report (WITS Johannesburg 2022)

Zehr Little Book of Restorative Justice

Zehr H The Little Book of Restorative Justice (Good Books Intercourse PA 2002)

Zivcakova et al 2014 Journal of Academic Ethics

Zivcakova L et al "Investigating Perceptions of Students to a Peer-Based Academic Integrity Presentation Provided by Residence Dons" 2014 Journal of Academic Ethics 89-99

Case law

Centre for Child Law and v Media 24 Limited 2020 1 SACR 469 (CC)

Dikoko v Mokhatla 2007 1 BCLR 1 (CC)

Freedom of Religion South Africa v Minister of Justice and Constitutional Development 2020 1 SACR 113 (CC)

Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC)

S v Makwanyane 1995 2 SACR 1 (CC)

S v M 2007 2 SACR 539 (CC)

S v Maluleke 2008 1 SACR 49 (T)

S v Saayman 2008 1 SACR 393 (E)

S v Seedat 2015 2 SACR 612 (GP)

S v Shilubane 2008 1 SACR 295 (T)

S v Tabethe 2009 2 SACR 62 (T)

The Citizen 1978 (Pty) Ltd v McBride 2011 4 SA 191 (CC)

Van der Ross v University of Cape Town (8473/2018) [2018] ZAWCHC 152 (15 November 2018)

Legislation

Child Justice Act 75 of 2008

Constitution of the Republic of South Africa, 1996

Correctional Services Act 111 of 1998

Probation Services Amendment Act 35 of 2002

Government publications

GN 3461 in GG 48660 of 26 May 2023 (Mosia NT Report of the Independent Assessor into the Affairs of the University of South Africa (UNISA))

Internet sources

Anon 2002 https://www.iol.co.za/news/south-africa/serious-consequences-for-exam-cheaters 95927

Anonymous 2002 Serious Consequences for Exam Cheaters https://www.iol.co.za/news/south-africa/serious-consequences-for-exam-cheaters 95927 accessed 12 January 2023

Briscoe 2019 https://www.cfoselections.com/perspective/integrity-in-business-a-priceless-essential-for-success

Briscoe K 2019 Integrity in Business - A Priceless Essential for Success https://www.cfoselections.com/perspective/integrity-in-business-a-priceless-essential-for-success accessed 14 January 2023

De Castro 2020 https://witsvuvuzela.com/2020/05/19/wits-institutes-security-measures-to-curb-cheating-in-onlineassessments/#:~:text=%E2%80%9CSome%20of%20these%20include%20randomising,%2C%E2%80%9D%20she%20told%20Wits%20Vuvuzela

De Castro C 2020 Wits Institutes Security Measures to Curb Cheating in Online Assessments https://witsvuvuzela.com/2020/05/19/wits-institutes-security-measures-to-curb-cheating-in-onlineassessments/#:~:text=%E2%80%9CSome%20of%20these%20include%20randomising,%2C%E2%80%9D%20she%20told%20Wits%20Vuvuzela accessed 2 September 2023

Fengu 2021 https://www.news24.com/citypress/news/with-online-exams-unisa-sees-an-increase-in-cheating-and-plagiarism-20210210

Fengu M 2021 With Online Exams, Unisa Sees an Increase in Cheating and Plagiarism https://www.news24.com/citypress/news/with-online-exams-unisa-sees-an-increase-in-cheating-and-plagiarism-20210210 accessed 12 January 2023

Ferlazzo 2020 https://www.edweek.org/teaching-learning/opinion-ways-to-implement-restorative-practices-in-the-classroom/2020/01

Ferlazzo L 2020 Ways to Implement Restorative Practices in the Classroom https://www.edweek.org/teaching-learning/opinion-ways-to-implement-restorative-practices-in-the-classroom/2020/01 accessed 16 May 2024

Govender 2014 https://www.timeslive.co.za/sunday-times/lifestyle/2014-08-17-universities-battle-a-rising-tide-of-cheating/

Govender P 2014 Universities Battle a Rising Tide of Cheating https://www.timeslive.co.za/sunday-times/lifestyle/2014-08-17-universities-battle-a-rising-tide-of-cheating/ accessed 12 January 2023

Govender 2015 https://www.timeslive.co.za/sunday-times/news/2015-03-15-stiff-penalties-dont-deter-university cheaters/#:~:text=The%20threat%20of%20lengthy%20bans,years%20because%20of%20academic%20dishonesty

Govender P 2015 Stiff Penalties Don't Deter University Cheaters https://www.timeslive.co.za/sunday-times/news/2015-03-15-stiff-penalties-dont-deter-university cheaters/#:~:text=The%20threat%20of%20lengthy%20bans,years%20because%20of%20academic%20dishonesty accessed 13 January 2023

Heath-Thornton 2018 https://www.britannica.com/topic/restorative-justice

Heath-Thornton D 2018 Restorative Justice https://www.britannica.com/ topic/restorative-justice accessed 14 January 2023

Lotter 2018 https://www.iol.co.za/news/opinion/why-a-resettlement-grant-for-ex-offenders-in- sa-is-a-really-good-idea-17128366

Lotter C 2018 Why a Resettlement Grant for Ex-Offenders in SA is a Really Good Idea https://www.iol.co.za/news/opinion/why-a-resettlement-grant-for-ex-offenders-in-sa-is-a-really-good-idea-17128366 accessed 14 January 2023

Macupe 2020 https://mg.co.za/education/2020-11-21-there-is-no-honour-in-leaking-a-matric-exam-paper/

Macupe B 2020 There is no Honour in Leaking a Matric Exam Paper https://mg.co.za/education/2020-11-21-there-is-no-honour-in-leaking-a-matric-exam-paper/ accessed 12 January 2023

Mlamla 2021 https://www.iol.co.za/capeargus/news/universities-see-steep-rise-in-cheating-misconduct-with-move-to-online-assessments-1ad26d3d-ce66-4d4f-87c3-2d38a6443452

Mlamla 2021 Universities See Steep Rise in Cheating, Misconduct with Move to Online Assessments https://www.iol.co.za/capeargus/news/ universities-see-steep-rise-in-cheating-misconduct-with-move-to-online-assessments-1ad26d3d-ce66-4d4f-87c3-2d38a6443452 accessed 12 January 2023

Nkosi 2021 https://www.iol.co.za/capetimes/news/learning-to-cheat-remotely-on-a-massive-scale-9da3968f-eab7-41c3-b3d3-f166cf348e60

Nkosi B 2021 Learning to Cheat (Remotely) on a Massive Scale https://www.iol.co.za/capetimes/news/learning-to-cheat-remotely-on-a-massive-scale-9da3968f-eab7-41c3-b3d3-f166cf348e60 accessed 12 January 2023

Peachessay 2021 https://peachyessay.com/blogs/academic-dishonesty/

Peachessay 2021 What is Academic Dishonesty – Useful Guide https://peachyessay.com/blogs/academic-dishonesty/ accessed 12 January 2023

Reimer date unknown https://www.monash.edu/education/teachspace/

articles/how-to-use-restorative-justice-in-your-classroom-and school#:~:text=Listen%20for%20understanding.,does%2C%20you%20will%20support%20them

Reimer K date unknown How to Use Restorative Justice in your Classroom and School https://www.monash.edu/education/teachspace/articles/how-to-use-restorative-justice-in-your-classroom-and school#:~:text=Listen%20for%20understanding.,does%2C%20you%20will%20support%20them accessed 14 January 2023

Sopcak 2020 https://academicintegrity.org/resources/blog/149-restorative-practices-for-academic-integrity

Sopcak P 2020 Restorative Practices for Academic Integrity https://academicintegrity.org/resources/blog/149-restorative-practices-for-academic-integrity accessed 13 January 2023

StudyCorgi 2022 https://studycorgi.com/academic-dishonesty-and-its-detrimental-effects/

StudyCorgi 2022 Academic Dishonesty and Its Detrimental Effects https://studycorgi.com/academic-dishonesty-and-its-detrimental-effects/ accessed 12 January 2023

SU date unknown https://www.sun.ac.za/english/Lists/notices/Disp Form.aspx?ID=1829

Stellenbosch University date unknown Disciplinary Committee Notice https://www.sun.ac.za/english/Lists/notices/DispForm.aspx?ID=1829 accessed 6 April 2024

UNISA 2022 https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules

University of South Africa 2022 Student Values and Plagiarism https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules accessed 14 January 2023

List of Abbreviations