Chapter 261: Fight, fight, fight
In an instant, Beiyuan once again launched a fierce counterattack. In the face of almost conclusive evidence of facts, the male lawyer actually found a place to fight back, and once again found the possibility that exists on the thin line from the impossible.
A parabola was drawn that could not exist.
There is probably nothing more capable than a lawyer.
Takezawa did not expect that the Kitahara lawyer opposite him would be able to make such a counterattack. Before the trial, Takezawa had also noticed that the university's internal expert group was actually questioning whether Mikiko's Eucalyptus-related paper constituted serious academic misconduct.
Controversy. Because of this, she chose to present such a confession, thinking that such a confession admitting that she had plagiarized would be enough to completely kill the other party.
However, now, the plaintiff's lawyer has forced a crack in the iron wall that was built.
Takezawa hurriedly replied: "The fact that Mikiko confessed earlier than the time when the expert group made the conclusion of plagiarism cannot mean anything. On the contrary, it proves that the university made the decision of plagiarism after asking the person concerned about the specific process, and that it was reasonable and reasonable.
Made under the circumstances.”
As soon as he finished speaking, Kitahara immediately retorted: "According to the "National University Legal Person Degree Awarding Regulations", not all cases of academic misconduct can constitute grounds for revoking a degree. Only serious fraud and misconduct can constitute grounds for revoking a degree.
Theory. According to the "Academic Ethics Code" formulated internally by Kyoto University, Article 21-2 gives the definition of plagiarism. Plagiarism is divided into intentional plagiarism and negligent plagiarism. Among them, negligent plagiarism is mainly due to negligence, omission, etc. by the author of the paper.
Indicate the source of quoted content.”
"That is to say, according to the academic code of conduct within the university, even if the party involved commits plagiarism, it may also be negligent plagiarism. Although it is academic misconduct, it does not constitute serious fraud and does not meet the statutory requirements that are sufficient to revoke a degree.
According to this situation, even though my client Mikiko admitted to plagiarism in the so-called "Reflection Statement", she still cannot prove that the university has a basis for revoking her degree!"
Zhuze frowned slightly.
The tenacity of the male lawyer in front of her was far beyond her imagination.
But even so, she would never give in even half a step.
In the face of such a ridiculous lawsuit, the loss of any line of defense is a shame.
Takezawa took a step forward and said: "The views stated by the plaintiff's lawyer are completely incorrect. Mikiko's confession in the "Reflection" must be understood in conjunction with the entire process of the day. Please don't ignore it, and ask the other party's attorney not to ignore it before Mikiko writes this
Before issuing the self-reflection letter, we had a three-hour interview with the expert group. During the interview, the professors from the expert group had done a lot of preaching, inspiration, and education.”
"In other words, the review written by Mikiko after the three-hour interview is essentially an approval of the previous three-hour conversation and an approval of the entire investigation process of the investigation team. In this review, Mikiko
I have already expressed my willingness to accept any punishment from the investigation team, and now I am going back on my word, how can there be any sense in this?!"
In an instant, Zhuze retorted again.
A pair of sharp words, like a statue of a god, stood firmly in front of the high wall.
Kitahara still stood in front of the plaintiff's bench, with a firm expression and unyielding expression. Even though the other party was a senior administrative litigation lawyer, he was determined not to back down. Kitahara looked at Takezawa, walking in the court, with a slight sneer: "Accept the investigation procedure?
I would like to ask the defendant's lawyer, how can he approve it?!"
The male lawyer asked a rather cautious rhetorical question, like a monster baring its fangs in the courtroom, which instantly made the listeners feel chilly.
Kitahara held a work log of the expert team in his hand, pointed to the text on it and said: "There are five major problems with the facts of this investigation and interview with the Faculty of Science!
"
"First, the subject of the investigation was not disclosed. The interview records show that at the beginning, the five professors of the expert group simply introduced their identities and stated the investigation matters. However, the five professors did not disclose that they represented the degree evaluation of Kyoto University.
Committee, academic committee to investigate.”
"Second, the nature of the investigation was not disclosed. In other words, the five professors on the expert panel did not indicate to Mikiko that the investigation was of a punitive nature. Although the five professors indicated to Mikiko that although the investigation involved two papers, it was an academic misconduct investigation.
, but because the previous response from the Department of Life Sciences to media journals stated that the two papers involved had nothing to do with Kyoto University, this greatly misled my client, Mikiko, into thinking that the investigation that day was only educational and warning, rather than punitive.
.”
"Third, the consequences of the investigation were not disclosed. Since the punitive nature of the investigation was not disclosed, the expert panel even more failed to disclose that the most serious consequences of this investigation may lead to the revocation of my client's doctorate. My client's thesis
There is no objection to the violation of academic regulations, but the objection is whether the degree of irregularity is serious enough to revoke my client’s doctorate degree. Under such circumstances, my client cannot fully respond to the interview conducted by the expert panel.
Express your point of view.”
"Fourth, the investigation and relief channels were not disclosed. The expert panel did not inform my client of the relief channels that my client could follow to raise objections to the investigation conclusion if the facts or conclusions of the investigation were wrong. This made it impossible for Mikiko to have any influence on the entire investigation process.
Correct understanding."
"Fifth, the follow-up of the investigation was not disclosed. The expert panel also did not inform me about the purpose for which the self-reflection letter will be used after the client wrote it. My client mistakenly believed that the investigation was only of an educational nature, and the self-examination letter was also not disclosed.
It is only kept for internal use and will not be provided to the outside world. Mikiko thought that the entire so-called investigation process was the end when she finished writing the self-reflection and the two papers were withdrawn. She never expected that she would be deprived of her degree. Under such circumstances
, the confession of the person involved is no longer credible."
Kitahara once again took a sudden step forward, "As mentioned above, these five major issues prevented me, Mikiko, from recognizing the true nature and possible consequences of the investigation at the beginning of the investigation. As a result, my client may have concerns about the university investigation.
It's just an educational misunderstanding. In this case, where is the fairness and impartiality of this investigation interview as claimed by the defendant's attorney?! What effect does the so-called "Reflection" produced in such an investigation interview have?
"
Chapter completed!