Candidate Regulations - Malpractice, Maladministration

Candidate Regulations

Candidate Regulations index

During the examination

Malpractice and maladministration

IoLET is required to establish, maintain and comply with a Malpractice and Maladministration Policy (MMP). The MMP covers malpractice by candidates, Examination Centre Staff including tutors, internal and external administrative staff or others involved in the development and delivery of qualifications or its units including Assessors and also maladministration on the part of the examination centre or any other party involved in the development, delivery and award of the qualifications.

Core MMP Panel

  • Head of Qualifications
  • Examination Administration Controller
  • Quality Assurance Manager

Malpractice – definition

Malpractice means any act, default or practice which is a breach of the regulation or which compromises, attempts to compromise or may compromise the process of assessment, the integrity of the unit/qualification or the validity of the result/certification and/or damages the authority, reputation or credibility of the awarding organisation.

Examples:

  • Obtaining unauthorised access to examination material and examination personnel
  • Failing to ensure examination material security at all times
  • Impersonating a candidate
  • Falsifying reports, result notifications or certificates by alteration, substitution or fraud

Maladministration – definition

Maladministration is any activity, neglect, default or other practice that results in an Examination Centre or any other party not complying with the specified requirements for the delivery or assessment of the unit/qualification as set out in the relevant examination literature.

Examples:

  • Failure to follow procedures
  • Failure to notify/consult with awarding organisation
  • Delay
  • Incorrect action or failure to take any action
  • Failure to provide information, reply or investigate
  • Inadequate liaison
  • Inadequate consultation

Action to be taken if malpractice and maladministration is suspected

Examination centres are required to:

  • Report immediately to one of the core members of the MMP panel
  • Complete a MMP incident form (within five working days) providing information including detailed account of relevant circumstances, details of all investigations carried out, written statements from all parties concerned, all relevant material and information relating to mitigating factors
  • Notify the subject(s) named on MMP incident form of the nature of the alleged malpractice or maladministration
  • Notify the subject(s) named on MMP incident form of the possible outcome if the alleged malpractice or maladministration is proven
  • Provide subject with opportunity to submit a written response
  • Notify the subject(s) of the appeal procedure available should a judgement be made against the subject(s)

Individuals are required to:

  • Report immediately to one of the core members of the MMP panel
  • Complete a MMP incident form (within five working days) providing information including detailed account of relevant circumstances, details of all investigations carried out, written statements from all parties concerned, all relevant material and information relating to mitigating factors

IoLET is required to:

  • Appoint an officer to conduct the investigation
  • Carry out a full investigation into the suspected case of malpractice and maladministration in line with relevant regulatory authority guidance
  • A detailed record of every action taken during the investigation will be made to ensure transparency at all times
  • Report any case of suspected serious malpractice and maladministration to the regulatory authorities

Procedure

The MMP panel and other members appropriate to the case will in all instances conduct a full investigation into all reports of suspected or alleged cases of malpractice and maladministration and will take action necessary to maintain the integrity of the qualification and the reputation and credibility of IoLET. The subject will be given the opportunity to submit a personal statement in response. In conclusion, the MMP panel will determine if any regulations have been breached, measures to be introduced and the nature of sanction to impose.

Outcome

The outcome could range from caution, to a cancellation of an element of an examination, to disqualification from the entire examination or from any other IoLET examination for a period of time to be defined.

Decision

The decision of the IoLET panel will be conveyed to the examination centre within ten days. An appeal against the decision may be made in writing within a further ten days, to the Head of Qualifications. This will be considered by the Trust Board, and their decision given within five days of that meeting.

The Quality Assurance Manager will report any significant cases upheld, where certificates are deemed to be invalid, to the Regulatory Authorities, and details of all cases will be held on file for inspection.

Note 1

During the investigation period the release of results/certificate may be withheld, pending the outcome of the investigation.

Note 2

Abusive or unprofessional behaviour towards IoLET staff or representatives will not be tolerated and could result in immediate disqualification from the examination with no refund of fees. Telephone calls to IoLET offices may be recorded for monitoring purposes.