What happens with the assessment?
The Disciplinary Board does neither decide whether an exam/academic paper shall be assessed, nor if it shall pass or fail. These issues are always decided by the examiner. In many cases, the assessment of the work is delayed until the question of whether the student is guilty of a disciplinary offence or not has been settled. This depends on the individual case, however. Please consult our Legal Division if you need clarification.
If the student is found guilty
If the student is found guilty of some form of cheating there is no obligation for the examiner to mark the exam or academic paper.
In exceptional cases, it may be justified to assess the work despite the student being found guilty of a disciplinary offence. This could be in cases such as when a student has been found to have access to prohibited aids at such an early stage that they clearly did not have the opportunity to use them.
However, even in such cases, the examiner has the right to refuse to mark the exam, which can be regarded as invalid because the student violated an important regulation. See Nils Jareborg's paper Disciplinary responsibility for students found cheating or disrupting (PDF, 70 kB, new window) (in Swedish)
In cases where an exam or academic paper has received the grade Pass before the Disciplinary Board reaches its decision that the student is guilty of cheating and it is clear that the act of cheating misled the examiner regarding the decision about the grade, the examiner can change the grade to a Fail due to the student having cheated. (See 37 § the Administrative Procedure Act (2017:900)). Please note that prior to the examiner doing so, the student must be given an opportunity to respond.
If the student is cleared from suspicion
If cheating cannot be proven, the work should generally be assessed. In exceptional cases, there may be reasons to refuse to mark an exam, despite the student being cleared of cheating. This is for example if a student has used prohibited aids without being aware that they were prohibited. In such cases, the requirements of Chapter 10 Section 1 of the Higher Education Ordinance have not been met. The student shall then not be found guilty of a disciplinary offence, and it might still be reasonable that no assessment takes place.
For questions about the process in disciplinary matters, contact:
johanna [dot] alhem [at] legal [dot] lu [dot] se
+46 46 222 09 85
maria [dot] hamberg [at] legal [dot] lu [dot] se
+46 46 222 08 90
Nicolina Levander (leave of absence)
nicolina [dot] levander [at] legal [dot] lu [dot] se
Note! Send your reports to:
disciplin [at] lu [dot] se