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What happens with the assessment?

The Disciplinary Board does neither decide whether an exam/academic paper or the like 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 regarding questions about exams in connection with cases on suspected cheating.

What happens during the time of investigation?

During the time that an investigation is ongoing the reported student has a right to participate in the education as the student ordinarily would. The student may also take part in a re-exam of the test or assignment for which the student is reported, if such a re-exam has been already planned. 

If the student is found guilty

If the Vice-Chancellor or the Disciplinary Board finds that the student is guilty of some form of cheating there is no obligation for the examiner to mark the exam or academic paper in question.

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, if it may be regarded as invalid due to the fact that the student violated an important regulation. See Nils Jareborg's paper Disciplinary responsibility for students found cheating or disrupting (PDF, 70 kB, opens in a new window) (in Swedish)

In cases where an exam or academic paper has received the grade Pass before the Vice-Chancellor or 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 and the student shall then not be found guilty of a disciplinary offence. In such cases it might still be reasonable that no assessment takes place.

There may be cases where a Pass-mark is graded (for example Pass and Pass with credit) and a student is cleared from the suspicion of cheating and thereafter receives two different Pass-grades. First one grade on the exam that the student was reported on and then another on the re-exam that the student took regarding the same exam. In these cases you might be wondering which grade should then be applied. The Legal Division is of the opinion that in these cases the higher Pass-grade is the one to apply for the student. 

Contact

For questions about the process in disciplinary matters, contact:

Johanna Alhem
Legal counsel
johanna [dot] alhem [at] legal [dot] lu [dot] se
+46 46 222 09 85

Maria Hamberg
Legal counsel
maria [dot] hamberg [at] legal [dot] lu [dot] se
+46 46 222 08 90

Elin Robertson Hållenius
Legal counsel
elin [dot] robertson_hallenius [at] legal [dot] lu [dot] se

Hedvig Johansson
Legal counsel
hedvig [dot] johansson [at] legal [dot] lu [dot] se
+46 46 222 06 17

Veronica Westergård
Legal counsel
veronica [dot] westergard [at] legal [dot] lu [dot] se

 

Note! Send your reports to:

disciplin [at] lu [dot] se