Uni Student Loses Court Battle over Assignment on Dog Breeds

HighAndDry on 12/10/2018 - 15:39
Last edited 12/10/2018 - 16:55 by 1 other user

https://www.news.com.au/lifestyle/parenting/school-life/stud…

Can't make this up… all the way to the Vic Supreme Court too.

Monash University student Chinmay Naik failed a video assignment about negative stereotypes around certain dog breeds in 2017 and failed again when it was re-marked.

[…]

Mr Naik had also taken his case to the Victorian Equal Opportunities and Human Rights Commission and the Victorian Civil and Administrative Tribunal

Edit: More details here: https://www.thecourier.com.au/story/5650998/vic-student-hope…

Interesting quotes:

"I've heard from other students who were subject to similar controversial practises," Mr Naik told reporters after representing himself in court on Monday.

"After hearing their stories I felt like I was not just fighting a case for myself. It was for all of them."

and

On top of the re-marking issue, he claims he didn't have time to complete the assignment as Monash was hesitant to grant special consideration on mental health grounds.

Education & Work

Comments

              • SlickMick on 16/10/2018 - 12:59
                +1

                @Miss B: lol why don't you follow your own advice and not come here to whinge that I whinge about whingers.

                This is looking like the makings of an infinite loop and a terrible waste of time, so feel free to have 1 more whinge if you must, but I'm out.

                … oh, but I meant to say, if you have so much compassion for the whingers I whinge about, I'd suggest you go with them. The 2 groups I really despise are a) those that come to Australia and whinge about it, and b) those who campaign for the rights of those whingers

            • Lysander on 16/10/2018 - 13:29
              +1

              @SlickMick: Can you elaborate further on your plan on how to improve Australia by suppressing any kind of criticism?
              Shall we pretend all is rosy so now changes or work must happen?

              If people had done what you suggest, you would still have horse-drawn carriages here (at best) rather than cars as the people who complained and whinged about those and wanted to introduce cars would have been told to leave and kicked out.

              • SlickMick on 16/10/2018 - 13:31

                @Lysander: easy, life is merrier without whingers. Thus Australia will be a better place when you and those campaigning for you are gone.

                sorry, I only read your first line

    • HighAndDry on 12/10/2018 - 19:05
      +21

      & favoring ozzies

      This was a university. If anything, they probably bent backwards because he wasn't white and still couldn't find a way to pass him.

      • MementoMori on 16/10/2018 - 10:26
        +4

        Absolutely. Anyone with half a brain and eyes can see this is rampant in Australian Uni's.

        He may have even been caught out because this was an assignment he couldn't outsource due to it's video nature.

      • stanstho on 16/10/2018 - 13:26
        +5

        Can confirm: Have worked on group assignments with people who literally couldn't write a sentence of english and still passed.

        Source: Uni student

    • mbck on 12/10/2018 - 19:40
      +2

      He didn't do the assignment. He didn't meet the objectives. That's fact.

      What he's voicing is his opinion. Maybe he didn't understand the assignment objectives. But at the end of the day, the fact is he didn't do the assignment correctly.

      And you use his opinion as fact?

      Lol

      Ah social media kangaroo courts, gotta love it.

    • whooah1979 on 13/10/2018 - 10:59
      • money.

      there're easier ways to get a pr if one have access to funds.

    • SydStrand on 14/10/2018 - 13:59
      +1

      it's about the university's double standards & favoring ozzies

      Oh please. He allegedly didn't meet any of the marking criteria (and after finding one of his other 'video assignments' on YouTube, I can believe it). It was marked and re-marked, both below passing grade, and the judge ruled in favour of the school.

      He sounds like an entitled brat who blamed anyone and anything (mental illness, bad markers, discrimination) but himself. It's the same victimhood complex as that drunk driver whose excuse for avoiding extradition is because Australia is 'racist' Always straight to the R-word with some people.

    • Interrupting Cow on 14/10/2018 - 15:30
      +1

      money

      "I am on financial hardship and will not be able to pay costs," Mr Naik said in court.

      https://www.google.com.au/amp/s/amp.theage.com.au/national/v…

      So.

    • smartazz104 on 16/10/2018 - 07:26
      +1

      Nothing like a bit of casual racism.

      He's got brains & guts + money.

      21 out of 100 says otherwise.

      • smartazz104 on 16/10/2018 - 18:17

        Yes sidewinder, you’re right; what you’ve been posting is not important. Too bad you had to resort to petty insults, which is what people do when they are wrong.

    • Cheaplikethebird on 16/10/2018 - 14:21
      +2

      Hi Chinmay

  • roastchook on 12/10/2018 - 18:44
    +5

    I have been in the same situation. I applied for a job for a large multinational corporation. They told me I was not suitable. Because I have the tenacity to fight my rights, I pointed out that this was incorrect. I start next week as General Manager. Can't wait to sack all those stupid HR people. So,Chinmay, I suggest you take this to the highest court possible. I will follow your case with interest.

    • grr1701 on 14/10/2018 - 09:40
      +3

      😂

    • h4zey on 16/10/2018 - 09:28
      +5

      please give us an update on whether you manage to sack them or not

      • roastchook on 17/10/2018 - 20:50
        +4

        I was unable to. Unfortunate there was a mixup at reception participation area, and security surely remedy situation. would not allow me access. This is typical. I have contacted my father who has assured me this will have certain remedy situation. I am ready to beginning careering in journolism.

        • h4zey on 18/10/2018 - 09:04

          for the love of God, please don't give up whatever day job you have right now..

        • GaryQ on 18/10/2018 - 14:05
          +1

          Please do the needful

  • GaryQ on 13/10/2018 - 09:25
    +21

    The first time I read about this, his Student Visa was on the line for not maintaining a sufficient pass rate. So money + laziness + sense of entitlement = pushing this as far as it will go, probably to avoid confronting his parents back home

    • [Deactivated] on 17/10/2018 - 21:14

      probably this. but you still can't always trust academics to be fair. believe me.

  • nikey2k27 on 13/10/2018 - 10:42
    +2

    if fail you retake the subject it not that hard.

    • DarwinBoy on 14/10/2018 - 11:17
      +5

      I'm guessing he may of been paying international student rates. Not cheap.

      • harrywwc on 14/10/2018 - 14:06
        +5

        exactly! I (well, 'my parents') paid my fees - now pass me, peasants!

      • HighAndDry on 16/10/2018 - 10:30

        Could've tried doing a better job to begin with then…

    • GaryQ on 15/10/2018 - 15:59

      If you fail too many units as an International student, you VISA will be revoked

      • BartholemewH on 16/10/2018 - 20:55
        +4

        I didn't know that. What a pleasant surprise!

  • JIMB0 on 13/10/2018 - 12:34
    +6

    The bloke is barking mad.

    • whooah1979 on 14/10/2018 - 08:13

      What would happen? Fail the assignment in the first place or fail in court?

      • [Deactivated] on 17/10/2018 - 19:40
        +2

        i agree. she wouldn't have failed the assignment because the lecturer would have hit on her and given a passing grade in exchange for sex.

        believe me, it happens.

    • Friendly Troll on 14/10/2018 - 10:35

      Bet accepted.

    • Bunnyburger on 17/10/2018 - 23:31
      +1

      When I was in uni, I saw a short mustachioed prof who was always surrounded by a gaggle of girls, usually Asian. Charming fellow, told me to leave during consultation hours.

  • Geryatric on 14/10/2018 - 08:07
    +1

    “Mr Naik had also taken his case to the Victorian Equal Opportunities and Human Rights Commission and the Victorian Civil and Administrative Tribunal which deferred any action pending the court outcome.”

    “He previously took his case to the Human Rights Commission, the Ombudsman and the Prime Minister's Office but those bids were unsuccessful.”

  • lonewolf on 14/10/2018 - 11:29
    +28

    Having come as a migrant from that area, Back then people who came here really appreciated it and worked hard to come here, we had to go through a lot of tests and time to go through the processes and once we were in we worked hard and adopted the australian culture and law as our own, We appreciated being in this country as opposed to where we came from. These days a lot of people i personally know who seems to come from there seems to come with this sense of entitlement, they find it easier to get in here and once they are here seem to constantly complain about everything and expect everything handed to them on a platter and yet have no wish to assimilate or adopt the culture and fit into society. Rather they expect everyone else to fit into their ways…

    The biggest gripe for me is when people from the sub continent or asian countries in general complain about australia being racist or not equal etc etc. Sure there may be some racism around still but frankly it is far far better than the racism you incur from the asian countries. There skin colour is everything followed by culture and religion. For goodness sake they have a multi billion dollar industry solely based on the idea that the fair the skin you have, the better you are and the better looking you are and you will go further in life….They have products called Fair and Lovely and Fair and Handsome. They had adverts that constantly go ona bout bleaching the skin and how when you are dark people find you repulsive etc etc I could go on.

    But i find it really odd when people come from those countries and complain about racism down here…..I have never copped as much racism in my life as i have living in asian countries ( I have lived in european and asian countries before i migrated to australia).

    • dealsucker on 14/10/2018 - 11:39
      +5

      Totally agree. A lot of them seem to think that immigration is their birth right and that this country owes them. No we dont owe you $hit.

      • lonewolf on 16/10/2018 - 07:48
        +2

        You obviously have no clue if you think it was easier back then, It was actually far more difficult back then than it is now. It is known for being far more difficult, they had far more processes as well as you had to have a lot of things like education, jobs etc all lined up.

      • HighAndDry on 16/10/2018 - 10:32
        +9

        Are you kidding? Less support services, less welfare, more racism… nothing was better for migrants back then.

    • [Deactivated] on 14/10/2018 - 13:31
      +1

      The worst part is that these types of immigrants forge a hostile image of one’s own culture. Thus, someone like lonewolf is stereotyped as ignorant which is highly unfair. This is similar for many cultures.

    • MessyG on 14/10/2018 - 13:48
      +4

      I've noticed there's this mentality that if you're paying for your degree you're in some way entitled to pass. I get that university is a lot of money, but you'd think that would inspire you to work more not less.

      • SydStrand on 14/10/2018 - 14:08
        +2

        I've encountered several international students with the attitude that university is transactional, you pay the fees, get a diploma, that's the deal. In my undergrad, the course coordinator bent over backwards for them, and passed people who were genuinely unemployable (often without conversational English). In my postgrad, there were a couple who tried coasting through and flunked out, appealed, threatened to sue the school, etc.

        • Scrooge McDuck on 14/10/2018 - 14:38
          +4

          The problem is that a lot of people go to university to get a degree. Not to learn.

          • 2ndeffort on 15/10/2018 - 13:21
            +3

            @Scrooge McDuck: Not justifying but Universities, in order to grow their revenue, actively market themselves like this. I have 2 emails in my inbox this morning literally telling me my career will take off if I sign up for one of their expensive post grad courses!! Learning doesnt get a mantion in either, its all about spend a little now to get a lot later!!!

            • lonewolf on 16/10/2018 - 07:50
              +5

              @2ndeffort: I have been working for a uni for around 20 years and a lot of academics also tell me they are pretty much forced into trying to pass international students due to the fact that they are paying money and so if the pass rate for them drops then the revenue from those countries will also drop….

      • [Deactivated] on 17/10/2018 - 17:38

        another problem is that the lecturers know this and do the absolute minimum and often are extremely poor in delivering course content, and when you complain they just use the excuse 'oh but you should be self sufficient now'.

        you're effectively paying for the assessments and a piece of paper now, university has never been a bigger waste of time.

    • randombrick on 14/10/2018 - 16:24
      +1

      Genuine question - did any of the reports mention that he is an international student? I read both linked articles but didn't see it.

  • 2ndeffort on 14/10/2018 - 12:58
    -4

    You can pretty much guarantee this guy gets a job as a media advisor for GetUp and will be on a ballot paper as the Greens candidate for somewhere at the next vic state election.

    • MessyG on 17/10/2018 - 08:28
      +4

      No mate, lefties love university because they have standards. This entitled fee-for-degree shit is as capitalist as they come.

      • 2ndeffort on 17/10/2018 - 13:18

        No mate, Lefties love university because it reinforces their skewed view of the world where distorted opinions over the relative worth of vague concepts take priority over the realities of life. I am literally sitting here going through CVs for a new hire reading about the degrees candidates have done on vague BS topics like drug and Alcohol influence on society, gender studies etc, many have a touching section on the many outreach and social causes they support ….. for an engineering project manager role!!! I am literally just skipping over everything that doesn't relate directly to what we need the successful candidate to do. Well done Uni creating a well rounded activist, I hope they get a job somewhere else!

        • misu p on 17/10/2018 - 17:35
          -1

          lol, why are you going through their uni days for an "engineering project manager role"? Maybe that is your problem.

        • WinstonWithAY on 17/10/2018 - 23:03

          Maybe they did it as electives. Outreach and social causes are examples of extra-curricular activities which some employers find attractive in candidates.

      • [Deactivated] on 17/10/2018 - 19:41

        university standards are an illusion.

  • ozbjunkie on 14/10/2018 - 13:08
    +5

    I just want to see his assignment. 21 on a remark - must be something really special.

    These days it's so much more paperwork and meetings to fail someone that 51 is the mark given to anyone except the worst offender.

    • SydStrand on 14/10/2018 - 14:12

      The dog video was supposedly even worse than this. I don't know what the Monash journalism course is like, but that doesn't seem like tertiary level work. It's the sort of summer assignment we got in primary school to interview your grandparents.

      • Jolakot on 14/10/2018 - 16:24

        Gotta say, up until he started talking it looked pretty good.

        • SydStrand on 15/10/2018 - 03:32
          +2

          That wasn't his work. It's stock and news footage.

          • Jolakot on 15/10/2018 - 14:17
            +1

            @SydStrand: Well, I'd give him a B+ for editing at least.

          • [Deactivated] on 17/10/2018 - 16:24

            @SydStrand: and here i was thinking he bought a drone for a few seconds of footage.

      • ozbjunkie on 14/10/2018 - 19:56
        +1

        As Jalokot says, wasnt that bad really. I was tempted to fail him for the offence of vertical video, but he did at least interview some people, and defined the key term "possum". I wanted it to be worse. Dude is annoying AF though.

  • MessyG on 14/10/2018 - 13:43
    +3

    His photo needs to be on the Wiki entry for Dunning-Kruger 😂

  • p1 ama on 16/10/2018 - 01:13
    -2

    I don't know why everybody is ridiculing this guy. One of the tenets of free society is that if you feel aggrieved by another individual or group, you can have the matter heard in court. If this guy genuinely feels hard done by, then he has every right to take legal action and should be encouraged to.

    The fact that the case sounds ridiculous to you is not really all that relevant. Hey, it sounds ridiculous to me too, but don't pretend like this is anywhere near the worst of ridiculous cases that come before our courts.

    • smartazz104 on 16/10/2018 - 07:30
      +8

      I don't think that's a good precedent: "oh, there have been plenty of cases much more ridiculous". We'll end up like the US, suing for every damn thing imaginable.

      • p1 ama on 16/10/2018 - 11:45
        +2

        I don't think that's a good precedent: "oh, there have been plenty of cases much more ridiculous". We'll end up like the US, suing for every damn thing imaginable.

        1) But people have the right to sue. Just like the right to free speech means that people will say stupid things sometimes, the right to have your voice heard in court means people might take stupid things to court. That's a tradeoff we all accept.

        2) If you consider this matter to be stupid (which I do too), then who decides whether a matter should be heard in court or not?

        3) Why does it matter that other people are suing other people? This guy suing his university hasn't affected anybody's life in any material way. Sure, we all love to have a laugh at someone doing something stupid, but let's not try and make it more than just that.

        • Ughhh on 16/10/2018 - 11:50
          +3

          People do have the rights to sue. But I think its the sense of entitlement and the toxic culture and mentality that we as Australians don't want.

        • HighAndDry on 16/10/2018 - 12:03
          +5

          No one is saying he can't sue (or to use your free speech example, that he can't say certain things), but ridicule is also free speech. If he wants to sue for a ridiculous reason, he deserves ridicule, just as if I went out there and said, for example, that smoking is good for your health. I have the right to say that - I'll also deserve every bit of ridicule I get.

          • p1 ama on 16/10/2018 - 18:30
            +2

            @HighAndDry: I don't think that's the same example. Saying that smoking is good for your health is something that is scientifically is false. I would also ridicule that.

            However, in this case, we don't actually know this guy's situation. None of us here actually know whether he may have faced discrimination or whether there is a reason behind why he feels so aggrieved.

            • HighAndDry on 16/10/2018 - 18:33
              +3

              @p1 ama: His assignment was graded 12/100. Then re-graded… to a 21/100. A University isn't going to go out of its way to fail a student, and certainly not with marks like that unless the fail is flagrantly warranted.

              He knows what he submitted. And I think it's fair to say that in this case, his decision to sue the University is objectively the wrong one, as the results have shown. This wasn't a "He lost the lawsuit", it was "His lawsuit was tossed out before seeing the light of day."

              • p1 ama on 16/10/2018 - 19:44
                +1

                @HighAndDry:

                His assignment was graded 12/100. Then re-graded… to a 21/100. A University isn't going to go out of its way to fail a student, and certainly not with marks like that unless the fail is flagrantly warranted.

                But you can say that about anything/anyone. The reason why we have courts is because things like this do happen.

                He knows what he submitted. And I think it's fair to say that in this case, his decision to sue the University is objectively the wrong one, as the results have shown. This wasn't a "He lost the lawsuit", it was "His lawsuit was tossed out before seeing the light of day."

                Could you elaborate on what you mean by a decision to sue being "objectively the wrong one"?

                • HighAndDry on 16/10/2018 - 20:20

                  @p1 ama:

                  Could you elaborate on what you mean by a decision to sue being "objectively the wrong one"?

                  The lawsuit was thrown out before it even got close to trial. The judge basically took one look at it and said: this isn't remotely something you can even sue for, much less win.

                  • [Deactivated] on 17/10/2018 - 19:14

                    @HighAndDry: the problem is that judges don't always act and think appropriately/objectively. they're supposed to, but they don't. welcome to white australia. sometimes you need to open your eyes a little.

            • 2ndeffort on 16/10/2018 - 18:53

              @p1 ama: Discrimination is one thing, poor academic performance is something altogether different. I agree that he has the right to exercise his options under the law. He has done that and been found wanting. After having exercised all of these options and after having been found wanting after them all he is now accountable for his decisions. None of the organisations, including the courts have found that he was the victim of discrimination. So basically everyone in a position to assess and evaluate has found against him so he is claiming discrimination. You cant blame others for being suspicious of this guy's motivation.

              • [Deactivated] on 17/10/2018 - 19:17

                @2ndeffort: was the entire class grades and his looked at by an independent 3rd party? given the nature of the assessment (creativity) it's really hard to determine whether he should pass or not if there isn't adequate feedback given.

                it's not possible to do this because the university will never allow it.

                internal university procedures are effectively garbage and they always work against you. they defend their academics (permanent employees) and students are regarded as scum.

                • HighAndDry on 24/10/2018 - 15:44

                  @[Deactivated]:

                  given the nature of the assessment (creativity)

                  This explains a lot. No, journalism is not supposed to be a creative exercise.

    • lonewolf on 16/10/2018 - 07:52
      +1

      My problem is if people keep jumping up and down and claiming harrasment or racism for every single thing that doesnt go there way then when it actually is harrassment or racism, it wont get the same level of scrutiny or detail that it should. Its like the boy who cried wolf. And the way i see it, it is also a form of reverse racism, to always play victim or claim racism just because you failed at something.

      • [Deactivated] on 17/10/2018 - 19:44

        that's true but when there actually is harassment, bullying or racism, the university does everything to cover it up.

    • uiriamu on 16/10/2018 - 08:06
      +6

      This guy deserves to be ridiculed for the rest of his life. The fact you think he shouldnt be ridiculed is also not relevant. In fact I think your comment is ridiculous.¯_(ツ)_/¯

      • HighAndDry on 16/10/2018 - 12:03
        +7

        Here you dropped this: \

        • uiriamu on 16/10/2018 - 13:52

          Thanks! Haha yeah its weird because i copied and pasted it.

          • HighAndDry on 16/10/2018 - 14:06
            +4

            @uiriamu: Oh that's because it's part of formatting as an escape function. So if you want to type something like:

            "*No Italics*"

            You need to put a "\" in front of it, so it looks like "\*No Italics*". Otherwise it turns into "No Italics".

            Tl;dr: If you want to actually type "\", you need to type "\\".

  • Chewy Chunks on 16/10/2018 - 02:17
    +1

    Play the race card, the university will shit itself.

    • [Deactivated] on 17/10/2018 - 18:47
      +1

      thats true but racism can be very hard to prove. i've seen racism at the academic level but it was never spoken just decision based even though other candidates were far more qualified.

      i've also seen the same with demographics that are desirable to have to meet minority statistics, despite no greater competence than others (in fact, usually of lower competence).

      this is the problem with racism in this country, it's hidden very well.

      • GaryQ on 19/10/2018 - 11:07

        If it were racism 60% of the class would have failed

        • [Deactivated] on 19/10/2018 - 12:44

          i noticed that the racism only seems to apply selectively. sometimes if a foreign student is doing really well and providing major career advancement to the academic for very little effort on the part of the academic - there will be no discrimination.

          but if the same kind of ethnic student DARES to question them or their conduct they get the full wrath of covert racism.

          it's hard to explain but in a country where it's very well hidden there's a lot of favouritism to anglo students under unjustified reasoning that the student is 'better'. australia really hasn't moved on from a white australia policy when senior academics were born into those families and word of mouth is handed down.

          this kind of thing happens less at the undergrad level because it's more about income, but later on when the academics rely on the students to progress their own careers it starts to get nasty.

          • HighAndDry on 24/10/2018 - 15:49

            @[Deactivated]:

            i noticed that the racism only seems to apply selectively. sometimes if a foreign student is doing really well and providing major career advancement to the academic for very little effort on the part of the academic - there will be no discrimination.

            but if the same kind of ethnic student DARES to question them or their conduct they get the full wrath of covert racism.

            That sounds less like racism and more like people just not liking their conduct being questioned. Still not good, but a wholly separate issue.

  • DarthAntz on 16/10/2018 - 11:21
    +7

    For $2000 i reckon he could have got someone/small group of people on airtasker to do the assignment for him. Plenty of students on there already, people who know how to follow assessment guidelines.

  • Cheaplikethebird on 16/10/2018 - 14:22
    +6

    “Sometimes things don’t go your way, doesn’t mean that you were wrong.”
    https://www.news.com.au/lifestyle/parenting/school-life/stud…

    Uhhh, well… in this case I think it does.

    • [Deactivated] on 17/10/2018 - 18:50

      in this case it might, sometimes in others it doesn't. especially when corrupt officials band together against you, and you have no-one on your side because no-one wants to get involved (trouble for them)

      • Cheaplikethebird on 18/10/2018 - 10:19
        +1

        I'm not sure the point you're trying to make here - of course if you change the circumstances to include corrupt officials it may be true. The problem here for Chinmay was the absence of corruption.

        • [Deactivated] on 18/10/2018 - 11:02

          it seems like that, but we'll never really know because universities typically cover everything up. including marking standards. and believe me they make a LOT of mistakes when doing the marking,

          i don't doubt his assignment was garbage but there might have been others just as garbage that passed.

          when i say corrupt officials, i mean university staff, they all work together in cases of students that are regarded as problematic, and they just work against you to cover their own asses under the illusion that they are 'helping you', all the while they are documenting every meeting and finding ways to blame you for their poor supervision/conduct,

          they don't want the bad press. it's easier to make the student look pathetic when their teaching standards are garbage and their staff are mentally ill narcissists.

          • Cheaplikethebird on 18/10/2018 - 11:26

            @[Deactivated]: Okay yeah I'm sure that does happen. In this case though I think there is sufficient evidence that he submitted a garbage assignment, reports say the video he submitted was just 3 vox pops slapped together - I could do that in an afternoon and I am not a masters student.

  • od810 on 16/10/2018 - 15:27
    +3

    Well, he's part of the bell curve that we have to accept :)

    • BartholemewH on 17/10/2018 - 06:55
      +3

      Yes, he's the part of the curve known in Britain as the 'bell end'.

  • DiscoJango on 16/10/2018 - 20:50
    +2

    ah, todays entitled youth: i will take you to court if you dont pass me!

    also, good luck getting a job mate, your name is etched in google history for all future HR recruiters to find and deny you :)

  • Trying2SaveABuck on 16/10/2018 - 22:08

    How on gods green earth did this make the news….

    • boomramada on 17/10/2018 - 13:29
      +4

      Better news story than arrival of Harry & Kate to Australia

      • GaryQ on 17/10/2018 - 14:26
        +2

        Meghan

        Harry and Kate would have been a bigger story

  • sam91 on 17/10/2018 - 09:57

    Good luck getting a job as a journalist… I'm sure there are a lot of companies who would want to hire you after googling your name…..

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