Introduction
The routines apply to both compulsory coursework requirements, examinations with supervision and examinations without supervision. The routines apply to all categories of students and to private individuals (hereinafter collectively referred to as "students").
The decision-making authority in cases of suspected cheating/attempted cheating rests with the Appeals Board at Østfold University College (hereafter referred to as the "Appeals Board"), cf. University and College Act § 4-7, first paragraph.
The purpose of these routines is to present the processing in cases of suspected cheating/attempted cheating at Østfold UC for the actors involved in this type of cases.
An attempt has been made to take account of the diversity of the University College’s examinations and examination types, so that the the routines can be used
In the routines, an attempt has been made to take account of the diversity of the University's examination and examination forms. Cases that are not directly mentioned in the routines may arise. Still, most cases can be processed in accordance with these routines.
General information
The students at Østfold University College shall receive clear and easily accessible information about permitted aids and how permitted aids are controlled, so that they know how to prevent cheating/attempted cheating. Such information is normally given in the study plan/course description and/or through other information channels in advance of the examination. All other aids that may provide an academic advantage beyond the permitted aids are classified as illegal aids.
Students are obliged to familiarise themselves with the current rules for permitted aids in examinations and for the use of sources and reference technique when writing assignments. Lack of knowledge of the regulations on cheating/attempted cheating, permitted aids, and reference technique does not exempt the students from their obligations and responsibility.
The Appeals Board makes decisions as the first instance in cases of suspected cheating/attempted cheating. If the Appeals Board finds that a student has cheated/attempted to cheat, the University and College Act provides in §§ 4-6 and 4-8 the following possible forms of reactions:
- Annulment of an exam, test or accrediation of a course (§ 4-7).
- Exclusion from Østfold University College and being deprived of the right to sit examinations at all institutions under the University and College Act (§ 4-8).
The reactions cannot be implemented before a decision has been made in the Appeals Board. This means that the student has an ordinary right to study and sit examinations until there is a formal decision in the matter.
In practice, it can therefore take a few weeks or a few months from the time the exam/coursework requirement was completed until the annulment and exclusion are implemented. During this time, the student can participate in various learning activities and sit examinations.
In cases where there is no basis for reacting with annulment and/or exclusion, the Director of Studies has independent authority to impose a written warning, cf. Regulations governing Examinations, Admission to Study and Degrees at Østfold University College § 9-2.
Inquiries from the press or others in matters of suspected cheating/attempted cheating at Østfold UC must be referred to the director of studies/head of information. When the Appeals board's decision has been made, Østfold UC may state the Faculty, type of cheating, form of reaction and possibly Institute that the case belongs to, but must not make any personal identification possible.
What is cheating/attempted cheating?
According to the University and College Act § 4-7 (1), a case on suspicion of cheating/attempted cheating must be brought if the student
a) by using a forged diploma or by other dishonest means, has gained admission to the examination or test or to attend the course concerned, or
b) has intentionally attempted to cheat or intentionally or through gross negligence has cheated in connection with the examination or test or prior to the final grading of the examination or test, or while taking the course in question.
A student may be suspected of cheating/attempted cheating if he/she, for example:
- Fails to provide information about sources or provides fictitious sources (printed, unprinted, oral and written).
- Gives the impression that the exam is written more independently than it actually is.
- Uses exam aids that are not permitted.
At supervised exams, a suspicion of cheating/attempted cheating may arise, for example, if:
- The student has non-permitted aids available during the exam. It is not necessary for the student to have used the illegal aids or to be caught using them, in order for a case to be brought up before the Appeals Board.
- The student has illegal aids available in areas outside the examination room, for example placed/hidden in the bathroom.
- The student talks to or otherwise communicates with others about the exam questions during the exam or during any breaks.
- The student sends another person to give the exam in his/her place.
At unsupervised exams, a suspicion of cheating/attempted cheating may arise, for example, if:
- The exam paper is not written by the student themselves.
- The exam paper is written in collaboration with others without it being stated.
- The exam paper has previously been submitted for another exam at ØUC or at another national or international educational institution.
- The exam paper reproduces other people’s work (for example academic literature/articles/websites) without referencing to the source.
- The exam paper’s bibliography does not contain all sources and references that have been used in the exam paper.
In connection with exams, a case can be brought on suspicion of cheating/attempted cheating also on grounds of conditions that do not occur during the examination itself. This can happen, for example, if:
- The student obtains access to the exam papers before the exam.
- The student tries or manages to change their answer after it has been submitted, even if this happens after grades have been published.
- A student helps another student to cheat.
Compulsory coursework requirements that include an element of assessment by ØUC are also covered by the provisions on cheating in the University and College Act.
Grading
When a suspicion of cheating/attempted cheating arises during assessment, the exam paper is usually graded in the usual way, but the grade shall not be made known to the student.
If the case is brought to the Appeals Board, the grade shall not be made known to the student. If the Appeals Board decides that the exam is to be annulled, the student shall not be informed of the result of the exam's assessment. However, should the exam not be annulled, the student will be informed of their result and the faculty will transfer the grade to the exam protocol.
Processing in the faculties and in the Section for Examinations
When a suspicion of cheating/attempted cheating arises, the student has the right to complete the current or remaining exam(s) as planned. In case sanctions are considered, they cannot be implemented before a decision in the Appeals Board has been made.
As a general rule, all cases where there is suspicion of cheating/attempted cheating, must be brought before the Appeals Board. Nevertheless, the faculty can assess whether an individual case is due to professional immaturity or whether it is cheating/attempted cheating. If the faculty is in doubt as to whether an irregularity belongs under the term cheating, the faculty must contact the Section for Examinations for guidance.
When a suspicion of cheating/attempted cheating arises, the faculty, with assistance from the Section for Examinations, must survey the situation and secure evidence. The documentation must be as accurate as possible and include all relevant documents. What is required as evidence depends on how it is suspected that a student has cheated/attempted to cheat. Any statements from academic staff, for example examiners should be attached in the letter to the Appeals Board.
The executive officer has a duty of confidentiality if there is a suspicion of cheating/attempted cheating, cf. Section 13 of the Freedom of Information Act. The same applies to examiners, examination invigilators and other employees at ØUC who come into contact with such cases. Documents in cases of suspicion of cheating/attempted cheating are exempt from public disclosure pursuant to Section 13 of the Freedom of Information Act, cf. Section 13 of the Public Administration Act.
The case preparations at the faculty must take place in collaboration with the Section for Examinations. To ensure equal practice within the faculty and between the faculties, the Section for Examinations will hold the role of investigator and case manager of the case.
When a case of suspected cheating/attempted cheating arises, the Section for Examinations must inform the student. The student must be informed in writing that there is a suspicion of cheating/attempted cheating and that there is a need to investigate the matter further. Information must also be provided that the case is being prepared and that the student has the opportunity to make a statement, cf. section 16 of the Public Administration Act. The Section for Examinations must inform what the suspicion is about, how the case will be dealt with further and what rights the student has. The information must contain information on the student's rights according to the University and College Act §§ 4-7, 4-8 and 4-11.
All mail to students in connection with cases of suspected cheating/attempted cheating is sent to a digital mailbox or by post.
The student has the right to be assisted by a lawyer or other representative at all stages of the case processing, cf. section 12 of the Public Administration Act. Once the student has informed ØUC of who he/she has chosen as a representative, all further contact must be made through the representative.
The student has the right to have the costs of legal assistance covered at the public rate and otherwise on the terms that follow from the fee regulations from the time a case of exclusion has been instituted, cf. the University and College Act § 4-8, fifth paragraph. It is only from the time when the faculty/Section for Examinations has decided on exclusion in the case that a case is considered to have been instituted. The expenses for this are covered by Østfold University College, cf. the Universitiy and College Act § 4-8, fifth paragraph. It is the student’s responsibility to choose and contact a lawyer.
The student or the representative has the right to access the case according to Sections 18-20 of the Public Administration Act. During the case preparation, the student or representative will normally only have the right to access the factual basis, for example own tests, witness evidence and descriptions of the course of events.
It is the faculty that must bring forward a case of suspected cheating/attempted cheating. The Faculty/Section for Examinations prepares a presentation letter to the Appeals Board. The note must describe the background to the case and the factual circumstances in the case. All relevant documentation must be attached. This documentation is sent to the student, and a deadline (normally 14 days) is set for the student to make comments. Any comments must be sent to the secretariat of the Appeals board.
The presentation note must contain an assessment of possible sanctions in the specific case. The faculty/Section for Examinations must assess the level of sanction and submit it to the Appeals Board, but the final decision is made by the Board. Decisions are made on the basis of an overall assessment of the case.
Processing in the Appeals Board
When the case is sent to the Appeals Board’s secretariat, the executive officer in the Section for Examinations must inform the student or the representative of time an place for the Appeals Board’s meeting where the case will be dealt with.
On request, the student and the representative have the right to appear during the proceedings in the meeting. If so, the wish must be communicated to the secretariat of the Appeals Board no later than the day before the meeting.
Administrative follow-up of the Appeals Board`s decision
Any decision on annulment or exclusion applies from the time the Appeals Board decides. The decision is implemented immediately, even if the student appeals to the national appeals body and/or possibly brings the decision before the court system. The Appeals Board itself can give the decision deferred implementation, cf. Section 42 of the Public Administration Act.
The director of studies informs the student of the Appeals Board’s decision, cf. Sections 24 and 25 of the Public Administration Act. The notification must include the decision itself and the reasons for it, as well as the consequences for the student. In addition, information must be given about the student’s rights according to the University and College Act §§ 4-8 (4) and 4-11, including the deadline for appeals to the national appeals body.
The director of studies informs the Faculty/Section for Examinations of the decision of the Appeals Board and of the follow up required in the individual case.
In the event of a decision on annulment, the administration must make the necessary registrations in the examination protocol.
In the event of a decision on exclusion, the Faculty must ensure that the student does not participate in closed classes during the period in which the person in question is excluded.
In the event of a decision on exclusion, the Section for Examinations must register the exclusion in the Student System and request the return of any issued semester cards.
If the exam that is annulled forms a necessary part of an already awarded degree, the Faculty/Section for Examinations must demand the diploma returned from the student, cf. The University and College Act § 4-7 (5). If this does not happen voluntarily, the director of studies must contact the bailiff about enforcement.
The executive officer in the Section for Examinations will notify other universities and colleges under the University and College Act of the Appeals Board’s decision on exclusion in RUST.
The director of studies notifies the Directorate of Immigration about the Appeals Board’s decision in cases concerning annulment and exclusion of international students who have a residence permit for study purposes. Such notification is not normally given before the expiry of the deadline for appealing the decision.
Appealing against the Appeals Board`s decision
A student can appeal the Appeals Board's decision to the National Appeals Board in accordance with § 4-7 to § 4-10 of the University and College Act. Any appeal against a decision made by the Appeal Boards is first sent for new processing in the local Appeals Board. If the Appeals Board upholds its decision, the director of studies forwards the case to the Nationsl Appeals Board, which makes a final decision on the case.
If the National Appeals Board upholds the local Appeals Board's decision, the student can bring the case before the courts for judicial review. Such a lawsuit must be brought within three months after a final decision has been made, cf. the University and Colleges Act § 4-11 (1). Any legal action will be taken at the Søndre Østfold District Court.
Østfold University College covers all costs of the lawsuit, including the payment of the plaintiff's lawyer, cf. the University and College Act § 4-11 (2).
When a case has been dealt with by the courts, the judgment is public. In contexts other than specific case processing, for example in the context of information at ØUC, the judgment must be anonymised.
Notification from a third party about suspected cheating/attempted cheating
Suspicions that a student submission fraudulently exploits someone else's work are reported to the Faculty/Section for Examinations. If the Faculty/Section for Examinations finds reason to investigate the case, the Section for Examinations must notify the person concerned of the content of the accusation and who made it. The Section for Examinations will confirm to the notifier that the inquiry has been received and, if necessary, obtains further information. Unless the notifier’s own works have been exploited, the notifier does not get party rights and must not be given information about the case nor access to case documents. This also applies if the Appeals Board makes a decision in the case and if the Appeals Board’s decision is appealed to the National Appeals Board.
You can contact us here:
Campus Halden: eksamen-halden@hiof.no
Campus Fredrikstad: eksamen-fred@hiof.no
Read more on the web page: https://www.hiof.no/for-ansatte/english/work-support/exam/