Malpractice Policy

Definition

Malpractice which includes maladministration and non-compliance means any act, default or practice which is a breach of the Regulations or which:

Compromises, attempts to compromise, or may compromise the process of assessment, the integrity of any qualification or the validity and security of any assessment materials, the validity of result or certificate; and/or
Damages the authority, reputation or credibility of any awarding body or centre or any officer, employee, or agent of any awarding body centre.

Failure by a centre to notify, investigate and report to an awarding body allegation of suspected malpractice constitutes malpractice. Also, failure to take action as are required by an awarding body, as detailed in this document, or to co-operate with an awarding body’s investigation constitutes malpractice.

Policy statement

EEI treats any example of malpractice or maladministration with the greatest seriousness and will take action in any case where malpractice or maladministration is confirmed. EEI will take all reasonable steps to prevent the occurrence of any malpractice or maladministration in the development, delivery and award of EEI qualifications.

Scope

Instructors dealing with malpractice involving learners or centre staff.
EEI dealing with malpractice involving learners or centre staff.

Instructors must report any cases of suspected malpractice to the Head of Academy immediately. Centres must co-operate with EEI in all cases of suspected malpractice or maladministration. EEI reserves the right to withhold certificates and/or not accept future registrations from the centre in cases where the centre does not fully co-operate and in cases where malpractice or maladministration is proven.

Candidates

Where maladministration or malpractice on the part of the centre is proven to have an adverse effect on candidates, EEI will promptly take all reasonable steps to protect the interests of the candidates. EEI will ensure that centres understand their responsibilities in protecting the interests of any adversely affected candidates.

EEI will investigate instances of alleged malpractice/maladministration in the following manner:

Follow EEI malpractice procedure which will involve taking any of the following steps necessary to establish whether or not malpractice or maladministration has occurred:

Collect evidence from the persons alleging malpractice/maladministration
Inform the centre of the allegation
Require centre administrator to conduct an internal investigation and inform EEI of the outcome.
Visit the centre to establish facts
Collect counter-evidence
Examine all evidence.

At the investigative stage, EEI staff will make decisions on straightforward cases. In cases, which are unclear or contested, advice and/or direction may be sought from EEI’s Board of Trustees.

The outcome of implementing EEI’s Malpractice Procedure may result in:

Malpractice not found
Not issuing certificates
Sanctions against centre
Sanctions against individual members of centre staff
Withdrawal of centre approval
Restrictions on centre registrations
Information passed to other awarding bodies, regulatory authority or agencies where appropriate.
Other appropriate outcome.

The outcome will be recorded. EEI will inform the Qualification Regulator of any case of malpractice and agree appropriate action.

Appeals

Appeals against the outcome of malpractice decisions are allowed. The Appellant must have viable grounds for appeal such as:

EEI has not followed published procedures.
New evidence has come to light, which could change the decision.
Reasonable belief that the action taken is not proportionate to the centre or individual’s actions.

Appeals must be made within two weeks of EEI informing the centre/individual of the outcome.

Appeals will be heard by a small panel of individuals within EEI who have no prior knowledge of the details or been involved in the malpractice investigation and/or decision following the investigation.