Malpractice and Maladministration - EBMA

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Malpractice and Maladministration

Malpractice and maladministration can lead to learners being disadvantaged, and have the potential for reputational damage for individuals and organisations and cause harm to operations. EBMA seeks to identify potential malpractice and maladministration before it occurs, and where it is detected to responsibly and effectively carry out an investigation and take appropriate action.

Malpractice
Malpractice means any act or practice, which contravenes, ignores or could compromise:
  • the assessment process,
  • the integrity of any qualification or the validity of a result or certificate; and/or
  • the authority, reputation or credibility of EBMA, its officers, staff or centres.
  • the qualification or the wider community.

Malpractice can include: breaches in security; deception; providing improper assistance to learners; failure to maintain appropriate records or systems; and falsification of records. Malpractice also includes misconduct where it concerns unnecessary discrimination or bias and compromises equalities legislation. Failure by a centre to notify, investigate and report to EBMA on any allegations of suspected malpractice by its recognised centres also constitutes malpractice.

Maladministration
Maladministration is where activity or practices result in non-compliance with policy, procedures and other written down requirements for example not following the arrangements for registering learners; delay in responding to complaints or appeals within the required timescales; or failing to apply reasonable adjustments or special considerations according to policy.

Suspicion of malpractice or maladministration
Should anyone identify or become suspicious of suspected or an actual case of malpractice or maladministration at any time they must immediately notify EBMA in writing or by email as soon as possible.

Notifications should include:  
  • Nature of the suspected or actual malpractice/maladministration and any relevant dates.
  • Who is involved, including: Any Centre’s name, address and contact; Name/s and job role/s of Centre or EBMA personnel involved and What qualifications are affected or the service that is affected.

Centres must inform EBMA where they are acting on a suspicion and conducting their own initial investigation. EBMA must be provided with the findings and outcomes of any initial investigation.  

Investigation, Reporting and Outcomes
EBMA will act promptly to investigate all suspected cases of maladministration/malpractice. EBMA will make sure that all reasonable steps will be followed to prevent an adverse effect. All suspected cases of malpractice/maladministration will be acknowledged within 2 working days. EBMA will produce a draft report for the parties concerned in the investigation to check factual accuracy. Any subsequent amendments are agreed between the parties concerned and EBMA.

The report will:
  • Identify where the breach, if any, occurred;
  • Confirm the facts of the case;
  • Identify who is responsible or implicated in the malpractice/maladministration (if any); and
  • Confirm any appropriate remedial action to be applied.

EBMA will make the final report available to the parties concerned and to the regulatory authorities and other external stakeholders as appropriate.   
If the relevant parties want to appeal against EBMA’s findings or against decision to impose sanctions, they should follow EBMA’s Appeals Policy.
Appeals
EBMA has established procedures for considering appeals against penalties arising from malpractice decisions. The individuals who have right to appeal against decisions of the EBMA should consult
Making an Appeal....

Did you know ?

Irrespective of the underlying cause or the people involved, all allegations of malpractice in relation to examinations and assessment need to be investigated in order to protect the integrity of the qualification and to be fair to the centre and all candidates
EBMA operates ISO 9001:2008 Quality Management System to consistently provide products and services that meet the needs of its stakeholders.
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