NCF1
CONCISE STATEMENT
FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY: NEW SOUTH WALES
DIVISION: GENERAL
NO NSD OF 2024
CHIEF EXECUTIVE OFFICER OF THE TERTIARY
EDUCATION QUALITY AND STANDARDS AGENCY
Applicant
CHEGG, INC.
Respondent
I. Introduction
1. The Applicant (
TEQSA) alleges that, in the period 2021 to 2022, the Respondent (
Chegg)
contravened s114A(3) of the
Tertiary Education Quality and Standards Agency Act 2011
(Cth)
(
TEQSA Act) in providing Chegg’s online “Expert Q&A” service (described further
below).
II. Important Facts Giving Rise to Claim
A.
Chegg and Expert Q&A
2. Chegg is a publicly listed company, headquartered and incorporated in the United States
of America. From at least 9 March 2021, Chegg offered online services to students in
Australia, cal ed Chegg Study Help, paid for by way of a monthly subscription. The Chegg
Study Help services include a service called “Expert Q&A”.
3. Expert Q&A enables students to submit questions on the www.chegg.com/study/qa
website (
Chegg Website), in a variety of subject matter areas, including biology,
engineering, mathematics and science. Expert Q&A publishes solutions to the questions
via the Chegg Website. Solutions to the questions are prepared by subject matter experts
(
Experts). The Experts are individual persons, contracted or otherwise engaged by
Chegg to prepare the answers that are published.
B.
Use of Expert Q&A for Assessments
(1) Water Surface Profiles Assessment
4. On 29 April 2022, the Faculty of Engineering at Monash University issued an academic
assessment entitled “Water Surface Profiles” (
Water Surface Profiles Assessment),
due on 20 May 2022, to students enrolled in “CIV2263 – Water Systems 2022”, including
Student A.
Filed on behalf of the Applicant, Chief Executive Office of the
File ref: 22003171
Tertiary Education Quality and Standards Agency
Prepared by: Matthew Garey
AGS lawyer within the meaning of s 55I of the
Judiciary Act
1903
Telephone: 02 958 17625
Lawyer's Email:
Address for Service:
xxxxxxx.xxxxx@xxx.xxx.xx
The Australian Government Solicitor,
Missingfax:
Level 10, 60 Martin Place, Sydney, NSW 2000
xxxxxxx.xxxxx@xxx.xxx.xx
5. Monash University instructed students enrolled in CIV2263 – Water Systems, that they
were not permitted to collude with others on the Water Surface Profiles Assessment or
take and use another person’s work on the Water Surface Profiles Assessment. Monash
University further instructed students enrolled in CIV2263 – Water Systems, that the
Water Surface Profiles
Assessment was not to be posted on external websites, including,
specifically, the Chegg Website.
6. On or around 1 May 2022, Student A (who held or had access to a subscription to Expert
Q&A) uploaded a copy of the Water Surface Profiles Assessment to Expert Q&A on the
Chegg Website.
7. On or around 1 or 2 May 2022, Expert A (who was engaged by Chegg to answer student
questions on Expert Q&A) prepared a hand-written answer to the Water Surface Profiles
Assessment. On or around 2 May 2022, Chegg, or otherwise Expert A, uploaded the
answer to the Chegg Website, with that answer reflecting a substantial part or all of the
work students enrolled in CIV2263 – Water Systems, including Student A, were required
to undertake personally.
(2) Programming Assessment
8. On or about 8 November 2021, the Faculty of Information Technology at Monash
University issued an assessment task entitled “Programming Assignment”
(
Programming Assessment), due in relevant part on 14 January 2022, to students
enrolled in “FIT1045 – Algorithms and Programming Fundamentals in Python”, including
Student B.
9. Monash University instructed students enrolled in FIT1045 – Algorithms and
Programming Fundamentals in Python, that the work to complete the Programming
Assessment was to be undertaken individually, by the students enrolled in the course.
Monash University further instructed students that they were not permitted to post any
code to any online forum, and the assessment was to be solved by the students alone.
10. On or about 11 and 12 January 2022, a person whose identity is not presently known to
TEQSA (who held or had access to a subscription to Expert Q&A) uploaded a copy of,
“Task A” and “Task B” of the Programming Assessment to Expert Q&A on the Chegg
Website.
11. On or about 11 and 12 January 2022, Expert B (who was engaged by Chegg to answer
student questions on Expert Q&A) prepared a hand-written answer to Task A and Task B
of the Programming Assessment with that answer reflecting a substantial part or al of the
work students enrolled in FIT1045 – Algorithms and Programming Fundamentals in
Python, including Student B, were required to undertake personally.
(3) Hydrostatics Assessment
12. On 9 March 2021, the Faculty of Engineering at Monash University issued an assessment
task entitled “Hydrostatics” (
Hydrostatics Assessment), due on 26 March 2021, to
students enrolled in “CIV2263 – Water Systems”, including Student C.
13. Monash University instructed students enrolled in CIV2263 – Water Systems that they
were not permitted to collude with others on the Hydrostatics Assessment or take and use
another person’s work on the Hydrostatics Assessment. Monash University further
instructed students that the Hydrostatics Assessment was not to be posted on external
websites, including, specifical y, the Chegg Website.
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14. On or around 22 March 2021, a person whose identity is not presently known to TEQSA
(who held or had access to a subscription to Expert Q&A) uploaded a copy of the
Hydrostatics Assessment to Expert Q&A on the Chegg Website.
15. On or about 22 March 2021, Expert C (who was engaged by Chegg to answer student
questions on Expert Q&A) prepared a hand-written answer to the Hydrostatics
Assessment and uploaded the answer to the Chegg website. That answer reflected a
substantial part or all of the work students enrolled in CIV2263 – Water Systems, including
Student C, were required to undertake personally.
(4) Quantum Mechanics Assessment
16. On 26 February 2021, the School of Physics and Astronomy at Monash University issued
an assessment task to students enrolled in “PHS2061 – Quantum and Thermal Physics”,
due on 22 March 2021, including Student D (
Quantum Mechanics Assessment).
17. Monash University instructed students enrolled in PHS2061 – Quantum and Thermal
Physics that the work to complete the Quantum Mechanics Assessment, was to be
undertaken individually by the students enrolled in the course and must be entirely the
students’ own work, in their own words, reflecting their own understanding. Monash
University instructed students enrolled in PHS2061 – Quantum and Thermal Physics, that
they were not permitted to collude with others on the Quantum Mechanics Assessment or
take and use another person’s work on the Quantum Mechanics Assessment.
18. On or around 19 March 2021, Student D (who held or had access to a subscription to
Expert Q&A) uploaded a copy of Question 2 of the Quantum Mechanics Assessment to
Expert Q&A on the Chegg Website.
19. During the period 19 to 22 March 2021, Expert D (who was engaged by Chegg to answer
student questions on Expert Q&A) prepared a hand-written answer to Question 2 of the
Quantum Mechanics Assessment. On or about 22 March 2021, Chegg, or Expert D,
uploaded the answer to the Chegg website, with that answer reflecting a substantial part
or all of the work students enrolled in PHS2061 – Quantum and Thermal Physics,
including Student D, were required to undertake personally.
(5) Databases Exam
20. On or about 1 November 2021, the Faculty of Information Technology at Monash
University issued an assessment task, being an examination to be completed that day, to
students enrolled in “FIT2094 – Databases”, including to Student E (
Databases
Assessment).
21. Monash University instructed students enrolled in FIT2094 – Databases, that the work to
complete the Databases Assessment was to be undertaken individually, and students
were not permitted to allow anyone else to perform the work for the Databases
Assessment for them. Monash University further instructed students enrolled in FIT2094
– Databases that they were not permitted to copy or paste text to or from external sources
and must not contact, or attempt to contact, another person in an attempt to gain unfair
advantage during the assessment.
22. On 1 November 2021, Student E (who held or had access to a subscription to Expert
Q&A) uploaded screenshots of questions contained in the Databases Assessment to
Expert Q&A on the Chegg Website.
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link to page 1 link to page 4 link to page 2 link to page 2 link to page 3 link to page 3 link to page 4 link to page 2 link to page 2 link to page 3 link to page 3 link to page 4 link to page 4 link to page 4 link to page 4
23. On 1 November 2021, Expert E (who was engaged by Chegg to answer student questions
on Expert Q&A) prepared hand-written and typed answers to the questions from the
Databases Assessment that had been uploaded by Student E. Chegg, or Expert E,
uploaded the answers to the Chegg Website, with that answer reflecting a substantial part
or all of the work that students enrolled in FIT2094 – Databases, including Student E, was
required to undertake personally.
III. Relief Sought and Primary Legal Grounds for the Relief Sought
24. TEQSA seeks the relief set out in the accompanying Originating Process.
25. Monash University is a higher education provider within the meaning of s5 of the TEQSA
Act. Each of Students A, B C, D and E at the time of the matters referred to in paragraphs
[4]-
[23] above, were enrolled in an Australian course of study with Monash University,
within the meaning of s114A(3)(a) of the TEQSA Act.
26. In preparing and uploading answers to the assessment tasks as referred to in paragraphs
[7], [11], [15],
[19] and [23] above, the Experts provided or undertook “work” for students
within the meaning of
academic cheating services in s5 of the TEQSA Act.
27. Each of the Experts, by reason of being contracted by Chegg or otherwise authorised by
Chegg to perform work, as referred in paragraphs
[7],
[11], [15],
[19] and
[23] above, were:
27.1 agents of Chegg, and in performing the work referred to in paragraph
[26] above,
their conduct is attributable to Chegg; and/or
27.2 persons whose work was provided to students by Chegg; and/or
27.3 persons whom Chegg arranged to perform the work.
28. For the purposes of ss5 and 114A(3) of the TEQSA Act, Chegg in each of the instances
set out in Section II, Part B above:
28.1 provided work to and/or undertook work for Students A, B, C, D and E; and/or
28.2 offered to provide work to and/or undertake work for Students A, B, C, D and E;
and/or
28.3 arranged for the Experts to provide work to and/or undertake work for Students A,
B, C, D and E.
29. By reason of the facts set out in Section II, Part B above, and the matters set out in
paragraphs
[25] to [28] above:
29.1 the work provided or undertaken for Students A, B, C, D and E constituted, or
formed all or a substantial part of the assessment tasks; and
29.2 the work provided or undertaken was work that Students A, B, C, D, and E were
required to personally undertake, or, could be reasonably regarded as work that
Students A, B, C, D, and E were required to personally undertake;
and therefore in each of the instances set out in Section II Part B above, Chegg provided,
offered to provide or arranged a third party to provide
academic cheating services, in
contravention of s114A(3) of the TEQSA Act.
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IV. Harm Suffered by the Contraventions and other matters relevant to penalty
30. Monash University has suffered harm in the form of additional resources it has had to
expend on the monitoring, detecting and handling the instances set out in Section II, Part
B above, including academic staff costs, professional staff costs, system administration
costs, professional development costs and overhead and incidental costs.
31. TEQSA relies on the following additional matters for the purposes of penalty and, to the
extent the Court considers it is necessary, for the purposes of liability:
31.1 It was obvious from the face of each question uploaded to Expert Q&A that the
question was an assignment, and Chegg, and each Expert, either knew or should
have known that it may be work that a student was required to personally
undertake.
31.2 Each of Students A, B, C, D and E viewed and/or downloaded the answer uploaded
by the relevant Expert onto Expert Q&A, and submitted a response to their
assessment which reflected a substantial part or all of the relevant Expert’s answer.
32. TEQSA does not contend that there is any issue in the proceedings that is suitable for a
report by a referee pursuant to s 54A of the
Federal Court of Australia Act 1976 (Cth).
CERTIFICATE OF LAWYER
I Matthew Garey certify to the Court that, in relation to the concise statement filed on behalf
of the Applicant, the factual and legal material available to me at present provides a proper
basis for each allegation in the pleading.
Date: 8 October 2024
................................................................
Matthew Garey
AGS lawyer
for and on behalf of the Australian Government Solicitor
Solicitor for the Applicant
This concise statement was prepared by J Emmett SC, P Abdiel and J Ibrahim
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Document Outline
