Procedure for considering allegations of cheating or other examination irregularity

St George’s, University of London (SGUL)

Approved by Senate, June 2008

Scope

  1. This procedure applies to examination offences as defined in paragraph 12.1 of the General Regulations for Students and Programmes of Study, and is applicable to all students registered on programmes of study at St George’s, University of London.
  1. Allegations of cheating or examination irregularity made against SGUL staff shall not be taken forward under this procedure.

Principles

  1. A person against whom an allegation of cheating or other examination irregularity is made shall be presumed innocent until the contrary is established under this procedure.
  1. Where the truth of an allegation of cheating or other examination irregularity is disputed, the standard of proof required under these regulations shall be on the balance of probability.
  1. In determining the penalty to be applied in cases dealt with under this procedure, consideration shall be given to the nature and severity of the offence; the student’s academic and personal history; and the need to maintain high standards of academic probity within the SGUL community.
  1. Students subject to this procedure may wish to obtain guidance from the President or Vice-President (Education and Welfare) of the Students’ Union, their personal tutor(s), and current publications available on the SGUL portal.
  1. In this procedure any named officer may delegate her or his responsibilities to another member of SGUL; similarly, the procedure shall not be invalidated by an officer of SGUL acting in the place of another named in these regulations where circumstances make this expedient.

Initiation of procedures

  1. Any allegations of cheating or of other examination irregularities shall be made to a senior member of Registry as soon as is practicable. Allegations shall normally be made in writing.
  1. On receipt of an allegation the senior member of Registry shall inform the Academic Registrar or his/her nominee who will investigate the facts of the matter, and shall gather such evidence as may be appropriate including but not limited to written statements, documentary evidence, and names and contact details of witnesses.
  1. When the Academic Registrar or her/his nominee is not satisfied that there is, on the face of it, a disciplinary case to be made against one or more students, the student(s) shall be informed and the matter shall be referred back to the appropriate academic department.
  1. When the Academic Registrar or his/her nominee is satisfied that there is, on the face of it, a case to be made against one or more students, she or he shall write to those students informing them of the allegation and shall outline the evidence that has been gathered. Such students shall be invited to make a written statement and to say whether or not they admit the allegation or allegations, and shall be sent a copy of this procedure. The Academic Registrar or his/her nominee may also invite any student in this situation to be interviewed about the matter.
  1. Where no response is received from a student within 28 days of the date of sending the letter referred to in the preceding paragraph, and where the Academic Registrar or his/her nominee is satisfied that all reasonable steps have been taken to contact the student, the student shall be deemed to have admitted the allegation and asked that it be dealt with in her or his absence, in accordance with the procedure below.
  1. Reasonable steps to contact the student shall include email, telephone, contact via tutors or course directors, and letters sent by recorded delivery to the student’s term-time address as notified to SGUL.

Procedure where the allegation is admitted

  1. Where the student admits the allegation, she or he shall be invited to make any further written statement in mitigation.
  1. The Academic Registrar or her/his nominee, in consultation with the Principal or his/her nominee, shall determine the penalty to be applied in the case. In reaching this decision the Principal or his/her nominee and the Academic Registrar or her/his nominee shall bear in mind the agreed and admitted facts of the matter; the student’s statement in mitigation; and the principles set out in this procedure.
  1. A student has a right of appeal in accordance with the provisions set out below.

Procedure where the allegation is contested

  1. Where an allegation is contested, the student shall make a written statement to the Academic Registrar or his/her nominee disputing the allegation and providing any supporting evidence. The Academic Registrar or his or her nominee, who shall act as Clerk in the matter, shall forward this to the Principal or his or her nominee, with a request to appoint a Senior Member or Officer of SGUL previously unconnected with the case (the Investigating Officer). The Academic Registrar or his/her nominee shall, within 5 working days of the receipt of the student’s statement, inform the student in writing of the identity of the Investigating Officer.
  1. The Investigating Officer shall gain as much information as possible about the charge and shall, in the presence of another member of staff, interview the student, and if possible, the person who made the original allegation. The Investigating Officer may consult other students or members of staff as appropriate and make whatever further enquiries as appropriate, and shall prepare a detailed report for the Academic Registrar. Notes shall be kept of all interviews and lodged with the Academic Registrar or his/her nominee. The Investigating Officer should act according to the provisions of the “Investigating Officer Protocol” at all times during his/her investigation.
  1. Save in exceptional circumstances, the Investigating Officer shall, within 15 working days of his or her appointment, prepare a written report for the Academic Registrar or his/her nominee of the results of the investigation, with a recommendation for further action, including whether the case should be considered by a Hearing Committee on behalf of Senate.

Procedure where it is recommended that a Hearing Committee be established

  1. The Hearing Committee shall be established in accordance with the provisions of the Student Disciplinary Procedure. The Hearing Committee shall be clerked by an officer of SGUL not previously involved with the events surrounding the case or the investigation of the allegations. The Hearing Committee shall be asked to determine the truth of the allegations presented to it and any penalty to be applied. Where new evidence arises during the course of the hearing the Committee has the discretion as to the course of action it should follow, and may continue to hear the case, or may refer the matter for reconsideration under this procedure or another.

Penalties under this procedure

  1. The penalties that may apply under this procedure include the following:
  1. A written admonishment, from the Academic Registrar, which will sit on the student’s file, which may or may not be disclosed to third parties.
  1. A written warning about a student’s future conduct, which shall sit on the student’s file and which may or may not be disclosed to third parties.
  1. Cancellation of a student’s entry to one or more examinations or other tests.
  1. Cancellation of a student’s marks in one or more assessments or other tests.
  1. Suspension from SGUL for a specific period of time.
  1. Delayed entry to examinations or other tests, for a specific period of time.
  2. Expulsion from SGUL.
  1. These penalties may be applied singly or in combination.
  1. These penalties as applied in any student case may be disclosed to third parties and it is expected that students will declare any penalty to their appropriate professional body, as required.

Notification of outcome and appeal procedure

  1. A student shall be advised in writing within of the penalty or penalties applied in her or his case within five working days of the decision.
  1. A student may appeal if one or more of the following can be shown to apply:
  1. That there is new evidence bearing on the facts of the matter that could not reasonably have been presented or known during the consideration of the case
  1. That there were procedural irregularities of sufficient weight to suggest that the outcome of the case would not have been the same had they not occurred.
  1. That the penalty applied is manifestly unreasonable and out of line with previous cases of a similar nature.
  1. A student wishing to appeal shall write to the Head of the Planning and Secretariat Office setting out the grounds for appeal. These shall be considered by the Chair of Council; if, in the Chair of Council’s view, one or more of the grounds above is shown to apply, an Appeal Committee shall be established in accordance with the provisions of the Student Appeals Committee Procedure.
  1. A student wishing to appeal must lodge her or his appeal with the Head of the Planning and Secretariat Office within 14 days of the date of the letter advising her/him of the penalty.
  1. Following the date by which an appeal may be lodged, the penalty shall be deemed to stand. At this point, a summary of the case and the penalty applied shall be prepared and reported to Senate by the Academic Registrar, and may be published more widely.

Completion of Procedure

  1. The decision of the Chair of Council not to appoint an Appeals Committee, or any decision made by an appointed Appeals Committee on behalf of the Council, shall be final and shall conclude SGUL’s internal procedures. This decision shall be communicated to the Academic Registrar and he or she or his/her nominee shall inform the student in writing of the Completion of Appeals within 10 working days of this decision being taken.

Interpretation

  1. In matters of doubt about interpretation of these procedures, the judgement of the Principal shall be final.