Exam misconduct policy
Introduction
This policy and process applies to candidates for all RCR exams. This includes all parts of Fellow of the Royal College of Radiologists (FRCR) or Diploma in Dental and Maxillofacial Radiology (DDMFR) exams.
The RCR has a duty to maintain public confidence in the integrity of its exams and uphold its academic standards and quality. It is therefore crucial that all candidates are judged on their ability, and that no candidate be allowed to obtain an advantage unfairly over others.
By virtue of entering an exam, a candidate is deemed to have read, understood and agreed to abide by and respect the candidate code of conduct and exam regulations. Ignorance of the code and regulations is not a defence.
Any aspect of misconduct at FRCR and DDMFR exams will be investigated and acted upon in accordance with this policy. At the same time, the RCR recognises the importance of being fair to all candidates and in such an investigation the RCR will be careful to respect the rights of those under investigation.
The RCR acknowledges that any case of misconduct can have an adverse effect on a candidate's reputation and career. Therefore, all matters of the reporting and process of alleged misconduct will be kept strictly confidential. The RCR will also maintain the candidate’s anonymity as far as is possible during any investigation. However, where misconduct is deemed to have occurred, the RCR reserves the right to forward details of the case to the General Medical Council (GMC) / General Dental Council (GDC) or equivalent international body, the candidate’s employer and, in the case of UK resident doctors, their training programme director.
Definitions
‘Misconduct’ refers to any significant breach of the code of conduct or regulations.
‘Candidate’ refers to anyone who has booked, or attempted to book, onto a FRCR or DDMFR exam.
'Case Manager' refers to a suitably experienced RCR staff member who investigates and leads on an alleged misconduct case.
‘Penalty’ refers to a sanction imposed as a result of misconduct.
‘Misconduct Appeal’ refers to the process of appealing the decision of the Misconduct Panel.
Preventing misconduct
The RCR has in place measures to regulate, monitor, and review its exams to prevent misconduct and ensure all candidates are given a fair and equitable chance of success. They include, but are not restricted to:
All candidates are required to present photo ID to enter exams.
All exams are supervised by trained invigilators or conducted by examiners.
Candidates are provided clear instructions of what additional materials are permitted (if any) in exams.
Candidates’ results may be analysed to identify suspicious patterns.
Online searches are performed periodically to ensure no exam content (such as cases and questions) have been shared illicitly.
Each year, the RCR reviews the allegations of misconduct to identify trends and improve the measures to prevent academic misconduct.
Immediate actions during exams
Where misconduct is identified or suspected at an exam venue before, during or after an exam the following steps will be taken:
If the candidate’s actions threaten the safety of RCR staff, invigilators or examiners they will be refused access to, or removed from, the exam immediately.
If the candidate abuses, harasses or bullies other candidates, RCR staff, invigilators or examiners they will be warned and asked to stop this behaviour. If they fail to comply, they will be refused access to, or removed from, the exam immediately.
If the candidate’s actions are disrupting the exam for other candidates (e.g. by making excessive noise) they will be warned and asked to stop this behaviour. If they fail to comply, they will be refused access to, or removed from, the exam immediately.
Where academic misconduct (e.g. cheating) is suspected by RCR staff, invigilators or examiners, details will be recorded on an Incident Form at the time, but candidates will be allowed to complete the exam.
If a candidate suspects another candidate of misconduct, they should not challenge this person directly but should bring it to the attention of an RCR staff member, invigilator or examiner.
Any materials that are believed by invigilators, examiners or staff not to be permitted will be confiscated. Electronic devices will be returned at the end of the exam with details logged in an Incident Form. At the end of the exam, the candidate concerned will be asked to acknowledge the confiscation of materials on the Incident Form.
In all cases the person identifying the potential misconduct will be asked to complete an Incident Form. Incident Forms completed by candidates at exam venues must be countersigned by a witness such as an RCR staff member, invigilator or examiner.
Reporting misconduct outside exams
Suspected misconduct outside exam venues may be reported by invigilators, examiners, RCR staff, candidates or any person who becomes aware of suspected misconduct.
Where planned misconduct is suspected before an exam (e.g. use of false identity documents or impersonation) the RCR should be notified as soon as possible by email to [email protected].
Where misconduct is suspected after an exam or outside exam conditions (such as where a candidate is suspected of passing on, or accessing, exam content that has not been released into the public domain) then a written report of the incident should be emailed to [email protected]. Such reports should give full details of the person suspected of misconduct and the person submitting the report.
If any individual suspects exam content has been shared illicitly, they are encouraged to report this by email to [email protected] with full details of when and where the information was found and how and (if known) by whom it was shared. Anonymous reports will be acted upon only if there is sufficient corroborating evidence.
Review of alleged misconduct
Incident Forms that allege misconduct and written reports received will be reviewed by a Case Manager, a suitably experienced RCR staff member, who will investigate the alleged misconduct to determine if there is sufficient evidence to warrant the incident being passed to the Misconduct Panel.
Where the allegation of misconduct is deemed to be erroneous, or the incident is judged to be a minor issue, no further formal action will be taken. However, this does not preclude an official letter being issued to the candidate to advise him/her of behaviour expected in exams.
Where, following the review of the Incident Form and consultation with staff/witnesses as necessary, there is sufficient evidence to justify taking a case further, the Case Manager will inform the candidate of the allegations in writing, by email. The candidate will be allowed 10 working days from the date of the email to accept or challenge the case against them.
Exam results of candidates who are alleged to have committed misconduct will not be released until an outcome has been reached. If a case is opened after a result has been awarded the candidate will be notified that the result should not be treated as valid until the case is concluded. This information may also be shared with their training programme director.
Whilst an investigation is underway candidates may apply to sit any part of any exam for which they are eligible, in accordance with the relevant regulations. However, the RCR reserves the right to refuse entry to an exam if the candidate is still under investigation on the date of the exam or if the candidate is awarded a penalty that bars them from future sittings. In such cases the entry fees for any future exams will be refunded.
If, within 10 working days, a candidate admits in writing to the allegations made against them, then the matter will be forwarded to the Chair of the relevant Fellowship Exam Board and the Head of Exams, for their formal consideration and the award of an appropriate penalty (see below). A decision will be reached within 10 working days of the candidate's letter.
When denying misconduct, a candidate should respond in writing, by email to the Case Manager, specifically and in detail to all allegations made against them.
If a candidate denies misconduct, either in whole or in part, or if no communication has been received from them, then the matter will be referred to the Misconduct Panel.
Establishment of a misconduct panel
A Misconduct Panel shall be convened if a candidate denies an allegation in whole or in part. The Misconduct Panel will be constituted with the following members (or their nominated deputies):
The Chair of the relevant Fellowship Exam Board (Panel Chair)
A Senior Fellow of the RCR
Head of Exams
The purpose of the Misconduct Panel is to examine the facts of a case, and the strength and veracity of the evidence. It is to determine on the balance of probabilities whether the allegation of misconduct has been proven to the satisfaction of the Panel. Where an allegation is found to be proven, it is to determine an appropriate penalty based upon established guidelines as detailed this policy.
The Case Manager will attend and act as the Panel secretary. The purpose of the Panel secretary is to:
advise all parties on the deadline for the submission of evidence and the date the candidate will receive a decision
coordinate and prepare documentation/evidence for all parties, including the decision document
provide secretarial support to the Misconduct Panel as required
maintain communication with the candidate and provide advice as required
Any evidence to be considered by the Panel will be shared in advance with the candidate.
The candidate has the right to submit evidence, by email, for consideration by the Panel up to the deadline given by the Case Manager.
The Case Manager will acknowledge receipt of all evidence submitted by the candidate and confirm the date scheduled for the Misconduct Panel to make its decision. This will not be more than 30 working days following the initial communication to the candidate.
The meeting will be minuted by the Case Manager, but not recorded.
The decision of the Misconduct Panel will be emailed to the candidate within 10 working days of the panel date.
Panel outcomes
The Misconduct Panel may consider awarding one or more of the following standard outcomes, or may give a more specific penalty where appropriate:
Misconduct not proven and no further action taken
Issuing a written warning
Annulling the result of an exam, or part of an exam
Barring the candidate from entry to an exam for a specified period
Barring the candidate from entry to any future FRCR or DDMFR exams
Suspending or cancelling the candidate’s membership of the RCR and barring future membership
Informing the candidate's training programme director of their offence against the RCR
Informing the candidate's employer of their offence against the RCR
Informing the relevant regulator (GMC or GDC in the UK) of the candidate's offence against the RCR.
Details of any penalties, including written warnings, will be kept on the candidate’s record.
Right to appeal
If the candidate wishes to appeal the decision of the Misconduct Panel, a notice of appeal must be sent to [email protected] within 10 working days of the date of the emailed decision. Included in the notice must be the detailed grounds of appeal and all of the evidence that the candidate wishes to be considered.
A Misconduct Appeals Panel shall only be convened where there is evidence of administrative or procedural irregularity in the establishment or conduct of the Misconduct Panel and/or where there is new evidence of extenuating circumstances that could not reasonably have been presented before.
The appeal process is not an opportunity to have the alleged misconduct considered again, but to address any procedural issues in the running of the original panel. There are two stages of the test to be applied by the appeal process:
that the Misconduct Panel failed to follow the process as set out in this policy or failed to consider all evidence; and
that the result of this error could materially change the outcome they decided upon
A fee of £500 applies, which will be refunded should the appeal be successful. The candidate will be provided instructions for how to pay the appeal fee and must pay within 10 working days of receipt of the emailed instructions.
On receipt of the appeal fee payment, the Case Manager will convene a Misconduct Appeals Panel, within 30 working days from receipt of payment, consisting of:
An Elected RCR Officer (Chair)
A Senior Fellow of the RCR (who is not a member of the Exam Board/Committee associated with the candidate’s exam)
The Executive Director of Education and Professional Practice (or his/her nominated deputy)
Appeal outcomes may be:
The original finding of misconduct and the associated penalties are upheld
The original finding of misconduct is upheld but the associated penalties are adjusted
The original finding is reversed – no misconduct is found
If no misconduct is found, no further action will be taken against the candidate, the candidate's result will be published, their records will be updated and their appeal fee refunded.
The decision of the Misconduct Panel will be emailed to the candidate within 10 working days of the decision date.
There is no further right of appeal.
Any question arising in the connection with the conduct of an appeal shall be determined fully and finally by the Chair of the Misconduct Appeal Panel who may take whatever steps he or she considers necessary to ensure that the appeal is handled fairly and efficiently.
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