The policy sets out the steps that staff, leaders, administrators, participants and other personnel must follow when reporting suspected or actual cases of malpractice and/or maladministration and our responsibilities in dealing with such cases. It also sets out the procedural steps we will follow when reviewing the cases.
The following policy and procedures apply to any person i.e., members of staff, facilitators, assessors, moderators, leaders, administrators or participants involved in the organisation, delivery and assessments and relates to suspected malpractice and/or maladministration. This policy also covers the misconduct and forms of unnecessary discrimination or bias towards certain or groups of participants.
It is important that all staff involved in the management, assessment and quality assurance are fully aware of the contents of this policy and have arrangements in place to prevent and investigate instances of malpractice and maladministration.
All Students are expected to:
All Assessors are expected to:
All Centre Staff are expected to:
Malpractice is essentially any activity or practice which deliberately contravenes regulations and compromises the integrity of the delivery and assessment processes and/or the validity of the QAP accreditation and certification.
It covers any deliberate actions, neglect, default or other practice that compromises, or could compromise the integrity and validity of the:
Malpractice may also include a range of issues from the failure to maintain appropriate records or systems, to the deliberate falsification of records in order to claim certificates.
Definition of maladministration
Maladministration is essentially any activity or practice which results in non-compliance with administrative regulations and requirements and includes the application of persistent mistakes or poor administration.
Examples of Malpractice/Maladministration by Assessors
Examples of Malpractice/Maladministration by Centre Staff
Examples of Malpractice/Maladministration by Students
This list is not exhaustive and other instances of malpractice/maladministration may be considered by the College at its discretion:
Malpractice and Maladministration Procedures
Anybody who identifies or is made aware of suspected or actual cases of malpractice or maladministration at any time must immediately notify the Director (Programme Manager) in writing, enclosing appropriate supporting evidence. All allegations must include (where possible):
The Director (Programme Manager) will conduct an initial investigation, ensuring that all personnel possess the necessary competence and have no personal interest in the outcome of the investigation.
In all cases of suspected malpractice and maladministration, Kenosis Beauty Institute will protect the identity of the ‘informant’ in accordance with their duty to maintain confidentiality.
7. Confidentiality and whistle blowing
Sometimes a person making an allegation of malpractice or maladministration may wish to remain anonymous. It is always preferable for the individual(s) to reveal their identity and contact details when reporting a concern. However if an individual is concerned about possible adverse consequences, he/she may request that the Director does not divulge his/her identity.
The Director will be prepared to investigate issues which are reported to anonymously and he/she will always try to confirm an allegation by means of a separate investigation before pursuing the matter with those to whom the allegation relates.
8. Responsibility for the investigation
In accordance with regulatory requirements all suspected cases of maladministration and malpractice will be examined promptly by Kenosis Beauty Institute to establish if malpractice or maladministration has occurred and all reasonable steps will be taken to prevent any adverse effect from the occurrence.
A written response will be provided by the Director to suspected reporting of maladministration and malpractice within 10 working days.
The Director (Programme Manager ) will be responsible for ensuring the investigation is carried out in a prompt and effective manner and in accordance with the procedures in this policy and will allocate a relevant member of staff to lead the investigation in order to establish whether or not the malpractice or maladministration has occurred, and to review any supporting evidence received or gathered.
9. Notifying relevant parties
Where applicable, the Director (Programme Manager ) will inform the appropriate authorities if we believe there has been an incident of malpractice or maladministration which could either invalidate the award of a qualification.
10. Investigation timelines and summary process
Kenosis Beauty Institute will aim to action and resolve all stages of the investigation within 30 working days of receipt of the allegation.
The fundamental principle of any investigation will be to conduct it in a fair, reasonable and legal manner, ensuring that all relevant evidence is considered without bias. In doing so investigations will be based around the following broad objectives:
The investigation may involve a request for further information from relevant parties and/or interviews with personnel involved in the investigation. In such cases, the Director will ensure that:
All parties, either directly or indirectly involved in the investigation, will be expected to co-operate fully with the Directors at Kenosis Beauty Institute.
The QAP, either at notification of a suspected or actual case of malpractice or maladministration and/or at any time during the investigation, reserve the right to withhold a participant’s, and/or cohort’s, results.
Where a member of staff, facilitator, administrator, course participant or member of staff at a partner or associate organisation is under investigation, the Director (QAP Programme Leader) may decide to suspend them from the QAP programme until the investigation is complete.
Throughout the investigation the Director will be responsible for overseeing the work of the investigation team to ensure that due process is being followed, appropriate evidence has been gathered and reviewed and for liaising with and keeping relevant external parties informed
11. Investigation report
After an investigation, the Director will produce a draft report for the parties concerned to check the factual accuracy. Any subsequent amendments will be agreed between the parties concerned and the Directors at Kenosis Beauty Institute. The report will:
Kenosis Beauty Institute will make the final report available to the parties concerned and to the regulatory authorities and all relevant parties/ external agencies within 10 working days of reaching a decision.
Kenosis Beauty Institute may withhold some details if to disclose such information would breach a duty of confidentiality or any other legal duty.
Where investigations involve a member of the staff, the report will be agreed by the Director with the Principal/Headteacher of the school and appropriate internal disciplinary procedures will be implemented.
12. Investigation outcomes
If the investigation confirms that malpractice or maladministration has taken place the
Director will consider what action to take in order to:
In addition to the above, the Director will record any lessons learnt from the investigation, report these to the School Board and QAP in order to help prevent similar instances of maladministration or malpractice from re-occurring.
Any individual (or group/organisation) wishing to appeal against the decision of Kenosis Beauty Institute to impose sanctions may do in accordance with the terms of the School’s Appeals Procedure as detailed below:
14. Appeals Procedure
If you wish to dispute either the finding of malpractice/maladministration or the appropriateness of the penalty, you may choose to have your case heard at a full hearing of the School’s Appeals Panel. If you choose an Appeals Panel hearing, you must inform the School Administrator of the relevant School within 10 working days from the date on the outcome letter.
A full hearing of the School’s Appeals Panel will take place if you have chosen to dispute the finding of the malpractice/maladministration report or the penalty. You will be notified at least five days in advance of the time and place of the meeting.
At least two Appeals Panel members will be present at the hearing. The hearing will include any representatives from your school, in order to ensure that its decision-making is accurate. It will consider:
A representative from your school will be present to represent the school perspective. You may also be present and be given time to speak on your own behalf. You may choose to bring a supporter to the Appeals Panel hearing.
You may find it helpful to ask a representative from your school to be your supporter, but it can also be, for example, a friend or relative. Panel members reserve the right to interview you and/or other relevant individuals during the hearing.
The only grounds on which you can appeal are as follows:
Your appeal will be reviewed by a representative of the School’s Strategic Board or nominee, and this decision will be final with regard to QAP malpractice and/or maladministration.
You will receive the outcome in writing as soon as possible. At this point, you will receive a letter of notification explaining that you have come to the end of the appeal procedures.
Being accused of malpractice or maladministration is a serious offence and has the potential to result in a number of penalties. In the most serious cases, an individual QAP assessment submission may be terminated or the individual may be subject to further disciplinary proceedings.
15. Monitoring and review
Kenosis Beauty Institute will keep and dispose of all correspondence relating to case of malpractice and maladministration in accordance with their data protection management policies.
A report on cases of malpractice and maladministration and their outcomes will be produced annually and submitted to the Strategic Board of the relevant QAP licence holder for consideration. A summary report will be considered by the Strategic Board through the Annual Quality Assurance Report. This process will ensure appropriate monitoring of all academic misconduct cases and related outcomes.
16. Other Policies
Where relevant, other policies and procedures may be used as well as or instead of this policy and procedure. This policy and procedures shall be implemented with due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity, and foster good relations.
These procedures apply equally to all QAP course participants, staff, leaders and administrators, irrespective of age, disability, gender reassignment, pregnancy or maternity, race, ethnic origin or national identity, religion or belief or sexual orientation.
Kenosis Beauty Institute is committed to procedures that are fair and transparent, and decisions that are reasonable and have regard to law