Custom Essay Writers, Freelancers, and Other Paid Third Parties

Abstract

Almost any sort of higher education assignment can now be purchased from a third party, from traditional essays all the way through to paying someone else to sit an exam. The use of custom essay-writing companies, freelancers, exam stand-ins, and other paid third parties represents a potentially significant problem for the provision of education around the world. This chapter provides a summary of this fast-evolving issue in education. We focus on written assignments, which are cheap and easy to access. Prewritten assignments are available instantly, while bespoke custom-written assignments can be purchased with a few hours’ notice. The extent of their use is difficult to ascertain, but the limited evidence available indicates that it is widespread. The detection of their use is, at best, difficult and time-consuming. Preventative and deterrent strategies may be more effective. One author (PN) proposes preventative strategies based upon assessment design. The other (CL) proposes deterrent strategies based upon a legal approach. There is a legislative basis for the use of legal approaches to prevent misuse of paid services in higher education, and a summary of existing legislation is given, alongside examples of cases where it has been used.

Appendices

Appendix 1: Sample Legislation from the USA (for comprehensive comparison chart, see McCormick and Whaley 2014)

State	Citation
CA	Cal. Educ. Code § 66400	66400. No person shall prepare, offer to prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material for another person, for a fee or other compensation, with the knowledge, or under circumstances in which he should reasonably have known, that such term paper, thesis, dissertation, or other written material is to be submitted by any other person for academic credit at any public or private college, university, or other institution of higher learning in this state (Enacted by Stats. 1976, Ch. 1010) 66401. No person shall make or disseminate, with the intent to induce any other person to enter into any obligation relating thereto, any statement, written or oral, that he will prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material, for a fee or other compensation, for or on behalf of any person who has been assigned the written preparation of such term paper, thesis, dissertation, or other written material for academic credit at any public or private college, university, or other institution of higher learning in this state (Enacted by Stats. 1976, Ch. 1010) 66402. Any court of competent jurisdiction is hereby authorized to grant such relief as is necessary to enforce the provisions of this chapter, including the issuance of an injunction (Enacted by Stats. 1976, Ch. 1010) 66403. Actions for injunction under the provisions of this chapter may be brought in the name of the people of the State of California upon their own complaint or upon the complaint of any person, or in the name of any public or private college, university, or other institution of higher learning, acting for the interest of itself, its students, or the general public (Enacted by Stats. 1976, Ch. 1010)
NY	N.Y. Educ. Law § 213-b (Note: there is a recent proposed amendment that is not included)	213-b. Unlawful sale of dissertations, theses and term papers 1. No person shall, for financial consideration, or the promise of financial consideration, prepare, offer to prepare, cause to be prepared, sell or offer for sale to any person any written material which the seller knows, is informed or has reason to believe is intended for submission as a dissertation, thesis, term paper, essay, report or other written assignment by a student in a university, college, academy, school or other educational institution to such institution or to a course, seminar or degree program held by such institution 2. Nothing herein contained shall prevent such educational institution or any member of its faculty or staff, from offering courses, instruction, counseling or tutoring for research or writing as part of a curriculum or other program conducted by such educational institution. Nor shall this section prevent any educational institution or any member of its faculty or staff from authorizing students to use statistical, computer, or any other services which may be required or permitted by such educational institution in the preparation, research or writing of a dissertation, thesis, term paper, essay, report or other written assignment. Nor shall this section prevent tutorial assistance rendered by other persons which does not include the preparation, research or writing of a dissertation, thesis, term paper, essay, report or other written assignment intended for submission to such educational institution in fulfillment of the requirements for a degree, diploma, certificate or course of study. Nor shall any person be prevented by the provisions of this section from rendering services for a fee which shall be limited to the typing, transcription or reproduction of a manuscript 3. Nothing contained within this section shall prevent any person from selling or offering for sale a publication or other written material which shall have been registered under the United States laws of copyright, provided, however, that the owner of such copyright shall have given his authorization or approval for such sale and provided further that such publication or other written material shall not be intended for submission as a dissertation, thesis, term paper, essay, report or other written assignment to such educational institution within the state of New York in fulfillment of the requirements for a degree, diploma, certificate or course of study
		4. No person shall sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser of a dissertation, thesis, term paper, essay, report or other written assignment without the prior consent of such purchaser. The term “information and material of a personal or private nature” as used in this subdivision shall include, but not be limited to the name of such purchaser, his address and telephone number, the name of such educational institution, the name or number of the course, the name of the faculty member or members for whom such written assignment has been prepared and any description of the research involved or the nature of such written assignment 5. A violation of the provisions of this section shall constitute a class B misdemeanor 6. The attorney general and district attorney of the county wherein a violation of this section occurs shall have concurrent authority to investigate and prosecute any violation of this section and any related violations discovered during the course of such investigation 7. Whenever there shall be a violation of this section, an application also may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than 5 days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the attorney general as provided in section eighty-three hundred three, subdivision six of the civil practice law and rules. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Additionally, the attorney general may apply in any such proceeding for a monetary penalty of not more than one thousand dollars per violation

Appendix 2: New Zealand Legislation

292E Offence to provide or advertise cheating services

• 1. A person commits an offence if the person provides any service specified in subsection (4) with the intention of giving a student an unfair advantage over other students.

• 2. A person commits an offence if the person advertises any service described in subsection (4) knowing that the service has or would have the effect of giving a student an unfair advantage over other students.

• 3. A person commits an offence who, without reasonable excuse, publishes an advertisement for any service described in subsection (4).

• 4. The services referred to in subsections (1) to (3) are as follows:

  • (a) completing an assignment or any other work that a student is required to complete as part of a programme or training scheme;

  • (b) providing or arranging the provision of an assignment that a student is required to complete as part of a programme or training scheme;

  • (c) providing or arranging the provision of answers for an examination that a student is required to sit as part of a programme or training scheme; and

  • (d) sitting an examination that a student is required to sit as part of a programme or training scheme or providing another person to sit the exam in place of the student.

• 5. A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

• 6. In this section,

  • Programme has the meaning given to it in section 159(1);

  • Student means a student of a programme or training scheme; and

  • Training scheme has the meaning given to it in section 159(1).

    Section 292E: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66)