Policy Statement

Definitions of Malpractice:

Malpractice is any activity or practice which deliberately contravenes regulations and compromises the integrity of the assessment process and/or the validity of certificates. For the purpose of this policy this term also covers professional misconduct.

Definition of Maladministration:

Maladministration is any activity or practice which results in non-compliance with administrative regulations and requirements and includes the application of persistent mistakes or poor administration within a centre (e.g. inappropriate learner records).

The categories listed below are examples of malpractice and maladministration.

Please note that these examples are not exhaustive and are for use as guidance:

• Plagiarism of any nature by learners
• Forgery of evidence
• Exam irregularities of any nature by learners
• Exam irregularities of any nature by staff
•  Submission of false information to gain a proxy or a qualification
• Discriminatory, bullying or harassing behaviour
•  Unprofessional conduct
• Behaviour likely to endanger the health or safety of the public
• Falsifying assessment and/or exam records
• Falsifying administration records

Any person identifying or suspecting cases of malpractice and/or maladministration should report them to a senior staff member of Dark Olive CIC to investigate.

If senior staff members are suspected of being involved in malpractice and /or maladministration, the relevant awarding organisation must be contacted directly.

Dark Olive CIC will investigate all suspected and actual cases of maladministration/ malpractice.

If an investigation finds evidence of malpractice or maladministration, Dark Olive CIC will have to take the necessary steps to ensure that the learners’ interests are protected as far as is reasonably possible.

Reports into malpractice and/or maladministration must include:

• The learner (s) name
• Staff members details (name, job role)
• The title of the qualification affected or nature of the service affected
•  The date(s) suspected or actual malpractice and/or maladministration occurred
• The full nature of the suspected or actual malpractice and/or maladministration

Dark Olive CIC will acknowledge any reports relating to maladministration/ malpractice within two working days of receipt. Dark Olive CIC will:

• Arrange for appropriate personnel to review the report and commence the investigation
• Aim to action and resolve all investigations within 7 working days of receipt of the report
• Advise on the outcome of our investigation within 2 working days of making our decision report any suspected or actual incidents of malpractice and/or maladministration to the relevant awarding organisation

Any cases of suspected or actual maladministration or malpractice will be investigated by a relevant manager, appointed by the Senior Management Team.

The Investigation Process

An investigation may involve:

• A request for further information
•  Interviews (face to face or by telephone) with personnel involved in the investigation
•  Informed decisions being made based on the evidence provided
• The protection of the identity of the ‘informant’ if required

As part of Dark Olive CIC’s approved centre status with awarding organisations, any relevant awarding organisation must be informed of any investigations and reports produced from investigations into suspected or actual cases of maladministration/ malpractice. All documents relating to investigations will be given to the relevant awarding organisation, who may in turn wish to undertake their own investigation, inline with their own policies and procedures relating to malpractice and maladministration.

Learner Malpractice

If an investigation confirms that leaner malpractice has taken place, Dark Olive CIC has no alternative but to impose one or more of the following sanctions on the learner.

Please note that this list is not exhaustive:

• Disallowing all or part of the learner’s assessment evidence
• Disallowing a learner to undertake an exam or complete a qualification
• Disallowing all or part of the learner’s external assessment marks
•  Not requesting the learner’s certificate(s) from the awarding organisation

Learners are able to appeal any outcome of a malpractice investigation, in line with Dark Olive CIC’s Appeals Policy.

Discretion

It is at the discretion of individual tutors at Dark Olive CIC whether they enable a learner to re-submit evidence for a qualification, if actual or suspected plagiarism or any form of malpractice has occurred.

A learner may be given the opportunity to resubmit their evidence once, at the discretion of their tutor.

Any further re-submission of work, for whatever reason, above and beyond the first re-submission of evidence will be charged at £30. Dark Olive CIC reserves the right to terminate any learner’s access to Dark Olive CIC qualifications, whether they have paid the full qualification fee or not, due to suspected or proven incidents of plagiarism or mal-practice.

A learner will not receive a refund for their qualification fee or any monies paid (such as instalments) if they have been terminated from completing an Dark Olive CIC qualification due to plagiarism or malpractice – either proven or suspected.

If a learner is to be removed from a Dark Olive CIC qualification due to suspected or proven incidents of plagiarism or malpractice, they will be given written notice of this.

Process

A tutor must inform the Dark Olive CIC IQA of suspected or proven incidents of plagiarism or malpractice.

A Dark Olive CIC tutor will decide if a learner is to be allowed to re-submit their work or if they are to be removed from their qualification, without a refund of their qualification fee or any instalments paid by a learner.

If work is to be re-submitted, it must be received by the tutor within three days of the notification from the tutor that their work is suspected or proven to have been plagiarised or malpractice has occurred.

If a learner is allowed to proceed on an Dark Olive CIC qualification after an incident of proven or suspected plagiarism or malpractice has been identified, any future or further issues of plagiarism or malpractice, whether suspected or proven, will result in the immediate removal of the learner from their Educational qualification. No refund of any monies paid by a learner, either the full qualification fee or instalments, will be returned to the learner.

All proven or suspected cases of plagiarism must be reported to the relevant awarding organisation.

By enrolling onto a Dark Olive CIC qualification, a learner is agreeing to the terms and conditions within this policy.