Assessment and Certification Rules and Procedures for Secondary Schools - 2008

4.4 Breaches of the Rules - External Assessment

1. The New Zealand Qualifications Authority will investigate any allegation that a candidate or any other person has been guilty of any dishonest practice or any other breach of these Rules and Procedures in connection with any qualification, including but not limited to:
   
   
   1. failure to follow instructions - a candidate is alleged to have failed to follow the instructions of an agent of The New Zealand Qualifications Authority, such as an examination supervisor, or the examination rules listed in the instructions to candidates and on the candidate's admission slip
      
      
   2. influencing/assisting/hindering candidates - a person is alleged to have influenced, assisted or hindered candidates, whether dishonestly, fraudulently or unwittingly
      
      
   3. dishonest practice by a candidate - a candidate is alleged to have attempted to dishonestly or fraudulently access information or materials not permitted in the examination, or access information or materials or other help from another person, or altered an answer booklet prior to seeking a review or reconsideration or, or used any document or certificate produced by The New Zealand Qualifications Authority in a way that provides them with an advantage (pecuniary or otherwise)
      
      
   4. performance based authenticity - a candidate is alleged to have submitted material for assessment that is not their own, or not verified as their own, whether dishonestly, fraudulently or unwittingly
      
      
   5. impersonation - a person is alleged to have impersonated or dishonestly claimed to be a candidate entered for a qualification. These Rules and Procedures apply to the alleged impersonator, to the candidate who has allegedly been impersonated, and to any other person who may have assisted or concealed the impersonation
      
      
2. The investigation by The New Zealand Qualifications Authority of an allegation of a breach of a breach of the rules may involve consultation with the Principal's Nominee from the candidate's school or candidates' school(s). The official who is dealing with the allegation will give the candidate written notice of the allegation and will invite the candidate to make written comment to The New Zealand Qualifications Authority on the allegation within 14 days of the date of the written notice.
   
   
3. The New Zealand Qualifications Authority may suspend the release of all or part of the results of any candidates about whom an allegation of dishonest practice or any other breach of these Rules and Procedures has been made, until the allegation has been resolved.
   
   
4. If, following the investigation, the official considers that there is substance to the allegation, a formal meeting will be convened. The candidate will be given reasonable notice of the date of any meeting and will be given the opportunity to appear in person.
   
   
5. If, following the meeting, the candidate is found guilty of a breach of the rules in respect of the allegation made, The New Zealand Qualifications Authority will admonish the candidate and may:
   
   
   1. direct that all or part of the candidate's results be cancelled;
   2. disqualify the candidate from entering further qualifications.
      
      
6. The New Zealand Qualifications Authority will give the candidate written confirmation of The New Zealand Qualifications Authority's decision within 14 days of the meeting.
   
   
7. A breach of the rules may also be referred to the police for investigation and action by The New Zealand Qualifications Authority, at its sole discretion, at any time.
   
   
8. The Chief Executive may delegate the authority to hear and make decisions on breaches of the rules to any NZQA employee or an agent working on behalf of the Authority in such official capacity.
   

Application of Penalties - External Assessment

1. In a case of dishonest practice by a candidate, the candidate may be penalised.
   
   
2. In a case of impersonation, both the candidate who it is alleged has been impersonated and the impersonator will be investigated and may be penalised. Any other person who is alleged to have assisted or concealed the impersonation may also be penalised.
   
   
3. A case of assisting/hindering candidates by a person who is also a candidate for a qualification in the same year will be investigated, and that person may be penalised.
   
   
4. If, in a case of assisting/hindering candidates, the person is:
   
   
   1. an employee of a school, The New Zealand Qualifications Authority may, in addition to any other penalty, revoke that school's accreditation
      
   2. an employee of The New Zealand Qualifications Authority, The New Zealand Qualifications Authority may, in addition to any other penalty, suspend or dismiss that employee for misconduct
      
   3. contracted to The New Zealand Qualifications Authority, The New Zealand Qualifications Authority may, in addition to any other penalty, terminate that person's contract.
      
      

Appeals against Decisions Relating to Breaches of the Rules

1. A candidate may appeal in writing to the Chief Executive against a decision made by The New Zealand Qualifications Authority relating to Breaches of the Rules and Procedures within 14 days of the date of the notification of the decision.
   
   
2. Within 14 days of receipt of an appeal, The New Zealand Qualifications Authority must give the candidate notice of the date set for determination of the appeal. This date must be at least 21 days after the date of The New Zealand Qualifications Authority's notice. The New Zealand Qualifications Authority's notice must also advise the candidate that he or she may make submissions in writing and may elect to appear in person when the appeal is being determined.
   
   
3. A candidate who appeals against disqualification will, pending the determination of the appeal, be allowed to make an entry for a qualification in any year to which the disqualification would otherwise apply.
   
   
4. The Chief Executive may allow or dismiss the appeal or vary the penalty, but may not impose any penalty which could not otherwise have been imposed under these rules. The Chief Executive's decision is final.
   
   

Last updated: 01 February 2008