Malpractice, Maladministration and Conflict of Interest Policy and Procedure

Department: Quality
Document Author: Claire Flay-Petty
Job Title: Interim Director of Quality
Date of Approval: SLT March 2026, C&Q May 2026
Review Date: March 2029
Version: 02

Policy Checklist:

Policy Positioning Statement

Our mission is simple – be all that you can be.

Bridgend College is a special place to learn and work. We want to create an inclusive environment which enables people to be innovative and passionate about what they do. We want to create inspirational opportunities which transform lives and celebrate the successes of every individual. We are committed to making decisions which are ethical and people-centred, for every person and in every interaction.

We know that the standards we walk past are the standards we accept, so by being a team player who is committed to our organisational values, we can ensure that everyone is ready to learn and work in an environment where they are respected and feel safe, to be all that they can be.

We want Bridgend College to be a place of sanctuary, providing a sense of belonging.

We recognise the significant impact of trauma on individuals’ lives and understand that a compassionate and understanding approach is essential to support our students and staff on their academic and personal journeys. We will do this by being calm, consistent and caring in our approach to communication and decision-making.

We want to be an anti-racist College. We are committed to fostering an inclusive culture where people are respectful and where this permeates all that we do. We want to develop a culture where people show up for one another with trust and integrity – a place of learning and work where people thrive.

As a place of education, we recognise our responsibility in developing the skills, knowledge and confidence of our students, staff and the communities we serve.

We know that we don’t always get things right, but we are committed to listening, learning and educating ourselves on our journey to becoming an extraordinary organisation.

We are committed to ensuring that course choices and offers are in the best educational interest of an individual learner, enabling them to both achieve and progress (in terms of personal skills but also social and academic development).

This policy applies to all applicants applying to or enrolling on a learning programme, irrespective of mode or location of study.

1. Purpose and Objectives: 

The College is committed to ensuring the integrity and validity of all learning programmes. Instances of malpractice, maladministration and conflict of interest have the potential to adversely affect learners, the reputation of the College and that of associated awarding organisations. The College takes allegations and incidents of malpractice and maladministration very seriously and will take all reasonable steps to prevent occurrences of this nature. 

This policy is available for use by both learners and staff and applies to all Bridgend College group provision. For Higher Education delivered under a franchise arrangement with a University partner, the relevant University’s regulations and processes will apply. 

Approaches to malpractice, maladministration and conflict of interest differ by awarding organisation, and may also be subject to Joint Council for Qualifications (JCQ) regulations. Accordingly, this policy must be read and implemented in conjunction with the associated policies and regulations of the relevant awarding organisation and JCQ, which can be found on the JCQ website: https://www.jcq.org.uk/.

2. Policy Details:

2.1 Overview

This policy sets out to: 

• aid staff and learner understanding of, and therefore minimise the risk of, malpractice, maladministration and conflict of interest by providing definitions and illustrative examples thereof; 
• provide comprehensive information regarding the procedure for dealing with any alleged or suspected cases of learner or staff malpractice, maladministration or conflict of interest, and the potential outcomes and consequences; 
• meet the requirements set out by awarding organisations and regulatory bodies, with specific reference to the Joint Council for Qualifications (JCQ) policies, procedures and reporting mechanisms regarding malpractice and maladministration (see https://www.jcq.org.uk/exams-office/malpractice/)

2.2 Definitions

Malpractice is a term used to describe an action, practice or activity which deliberately contravenes regulations, occasions prejudice to candidates, and compromises the integrity of the internal or external assessment process or the validity of certificates. Plagiarism is a form of learner malpractice. 

Maladministration relates to the neglect, default or other practice that results in non-compliance with the requirements and established procedures of the College, the associated awarding organisation and/or the regulatory bodies. This could include the occurrence of persistent mistakes, poor administration, lack of care, inattention or incompetence. Recurrent maladministration constitutes malpractice and may be treated as such. 

Acts of malpractice or maladministration can compromise the integrity of a regulated qualification, and the credibility and reputation of the College and/or the awarding organisation. 

Malpractice and maladministration may be carried out by learners, staff members, or anyone else involved in the delivery, administration or certification of a regulated qualification. This policy covers acts of malpractice and maladministration by both learners and staff members. For the purposes of this document suspected malpractice/maladministration means all alleged or suspected incidents of malpractice/maladministration. 

A Conflict of Interest may occur when an individual, or organisation, has competing interests or loyalties that may compromise (or appear to compromise) their decision-making ability if not properly managed. An example of a potential conflict of interest is where a member of staff is teaching and assessing the work of a family member or friend. All staff should be aware of potential conflicts of interest, and any such situation should be managed to ensure that the conflict of interest does not detrimentally impact on the standards of the qualification or service provided to learners. Any potential conflicts of interest must be brought to the attention of the Curriculum Manager and the Quality Team. All instances should be documented and recorded, including the measures taken to ensure fairness, and copies of this documentation must be stored centrally by the Curriculum Manager and copies provided to the Quality Team. Failure to report a conflict of interest can constitute malpractice/maladministration. 

Should a conflict of interest be declared and/or identified, any assessment that has taken place should be reviewed and internally verified by a different member of staff, and countersigned by the Curriculum Manager. 

The relevant awarding organisation and regulatory body guidance on declaring and resolving any potential conflicts of interest must be followed alongside this policy, and the Code of Conduct.

3. Learner Malpractice

Learner malpractice may take place in relation to any form of assessment, including examinations, controlled assessments, coursework or other non-examination assessments, the presentation of practical work, and the compilation of portfolios of assessment evidence. 

Examples of learner malpractice can include, but are not limited to: 

• use of artificial intelligence (AI) tools, including Large Language Models (LLMs), to produce any part of an assessment which is subsequently presented as original learner work (covered in further detail in 3.1);
• plagiarism (i.e. unacknowledged copying from, or reproduction of, content from other sources;
• incomplete or insufficient referencing; 
• collusion by working collaboratively with others to produce work or allowing others to contribute to the production of assessed work, that is subsequently submitted as individual/original learner work;
• making a false declaration of authenticity in relation to the authorship of assessed work;
• misuse, or the attempted misuse, of examination and assessment materials; 
• facilitating malpractice on the part of other learners; 
• impersonation in an assessment or exam situation; 
• fabrication of results and/or evidence; 
• failing to abide by the instructions or advice of an assessor, supervisor, invigilator or other College representative in relation to the assessment or examination rules, regulations and security
• the alteration of any results document, including certificates; 
• cheating to gain an unfair advantage; 
• use of essay mills to produce material that is subsequently presented as original learner work.

3.1 Use of Artificial Intelligence

As artificial intelligence (AI) technology is rapidly evolving, it’s essential that learners and staff understand how AI can be misused within assessments. Since it is highly likely that future academic and professional workplaces will make use of AI, Bridgend College will support staff and our learners to access AI tools effectively, ethically and in line with awarding organisation and regulatory guidelines. Further guidance on Bridgend College’s position on AI can be found in the Effective and ethical use of AI at Bridgend College document. 

Use of artificial intelligence (AI) tools, including Large Language Models (LLMs), to produce any part of an assessment which is subsequently presented as original learner work, is considered to be learner malpractice. Lecturers and course teams should take steps to avoid all instances of learner malpractice, including that related to AI misuse, by:

• making learners aware of the Malpractice, Maladministration and Conflict of Interest Policy and Procedure, including the potential consequences, during induction, and reminding learners of this periodically throughout the duration of the course of study; 
• making learners aware of the requirements and expectations when using artificial intelligence (AI) as a secondary source in assessments, including the guidance issued by the JCQ on Artificial Intelligence (AI) Use in Assessments: Protecting the Integrity of Qualifications; 
• providing guidance to learners on what constitutes plagiarism, and demonstrating/signposting accepted referencing formats.

3.2 Authenticating learner work

Ultimately, educators are responsible for confirming the authenticity of learners’ work. In order to do this, lecturers must: 

• ensure robust formative assessment takes place to gain a good understanding of the standard that learners are working at through activities such as quizzes or class-based tasks; 
• regularly review the summative assessment methods – if possible, design assessments that are project-based, can be held in class or under exam conditions or assessed via a recorded professional discussion; 
• talk to learners about their work regularly; 
• ensure that a declaration of authenticity that refers to AI misuse is signed by the learner for summative assessment. Most awarding organisations provide templates for these. 

Further guidance for staff and learners can be found in: 

• Preventing AI Misuse – Guidance for Staff (a bilingual slideshow to support staff to understand AI misuse) 
• AI Presentation for Learners (a bilingual slideshow that staff can adapt, customise, and deliver to learners to help prevent AI misuse).

3.3 Sanctions for learners who commit malpractice

Instances of learner malpractice can be minor or serious and, depending on the severity of the incident, may result in: 

• the implementation of the disciplinary process outlined in the Citizenship Code; 
• a formal warning from the College and/or the awarding organisation; 
• loss of marks for a specific section of the work, for a component of the qualification (for example an entire examination paper), or for the whole unit; 
• disqualification from a whole qualification, or from all qualifications with that specific awarding organisation.

4. Examples of Staff Malpractice and Maladministration

An occasion of alleged staff malpractice or maladministration may result in the implementation of the Disciplinary Policy while the College investigates the alleged offence. 

Examples of staff malpractice and maladministration can include, but are not limited to:

• repeated errors or omissions, or inadequate administrations within the Centre resulting in inadequate learner assessment records; 
• inaccurate recording of learner assessment decisions resulting in invalid claims for certification;
• non-compliance with relevant awarding organisation policies and procedures; 
• failing to keep mark schemes secure; 
• alteration of awarding organisation mark scheme and assessment and grading criteria;
• assisting learners in the production of work for assessment which has the potential to influence the outcomes of assessment beyond that required for effective learning, for example where the assistance involves staff producing work for the learner; 
• producing falsified witness statements, for example for evidence the learner has not generated;
• allowing evidence, which is known by the staff member not to be the learner’s own, to be included in a learner’s assignment/task/portfolio/coursework, or equivalent; 
• misusing the conditions for special requirements, for example where learners are permitted support, such as a reader or scribe. This is permissible up to the point where the support has the potential to influence the outcome of the assessment; 
• breaches in security, including failing to keep learner electronic files secure; 
• falsifying records/certificates, for example by alteration, substitution, or by fraud. This includes fraudulent certificate claims, that is, claiming for a certificate prior to the learner completing all the requirements of assessment; 
• failing to keep assessment/examination/test papers secure prior to the assessment/examination/test
• obtaining unauthorised access to assessment/examination/test material prior to an assessment/examination/test; 
• failure to cooperate with an investigation; 
• not disclosing any conflict of interest.

Recurrent or repeated maladministration will be treated as malpractice.

5. Procedure for investigating suspected or alleged malpractice or maladministration

STAGE 1: NOTIFICATION

• Any incidents of suspected or alleged malpractice/maladministration must be reported to the Curriculum Manager and the Quality Team at the earliest opportunity. The Quality Team will inform the Head of Centre and, where an allegation has been made regarding alleged staff malpractice/maladministration, Human Resources. If a staff member suspects AI misuse by a learner/s, follow the process outlined in appendix 1.
• The College will advise the learner/staff member against whom the allegation has been made in writing at the earliest opportunity of:
  • the nature of the alleged malpractice/maladministration;
  • the evidence provided to support the allegation;
  • the possible consequences should the allegation be proven;
  • the opportunity to state their case;
  • for staff members, that this will be considered in conjunction with the Disciplinary Policy and Procedure and the EWC Code of Professional Conduct and Practice, and that they have the right to be accompanied by a Trade Union representative or a work colleague;
  • the right to appeal against any disciplinary penalty imposed.
• Any incidents of suspected or alleged malpractice/maladministration must be reported to the relevant Awarding Organisation and/or Regulatory Body using the required paperwork, as specified by the Awarding Organisation and/or Regulatory Body. Particular heed must be made to the JCQ policies, procedures and reporting mechanisms regarding malpractice.

STAGE 2: INVESTIGATION

• Investigations will be carried out in a prompt and timely manner in line with this policy, and will be commensurate with the nature of the allegation.
• An appropriate, trained and competent member of staff (hereafter referred to as the investigator) will be allocated to conduct the investigation, who has no personal involvement in the case or outcome. The purpose of the investigation is:
• to establish if malpractice or maladministration has occurred;
• to review the supporting evidence;
• to make recommendations on consequences, including, for staff members, whether the investigation outcomes meets the threshold for consideration in a disciplinary hearing;
• to recommend the implementation of actions to prevent recurrence.
• The investigation will be carried out in line with the specifications of the awarding organisation and/or Regulatory Body and, for staff members, in line with the College’s Disciplinary policy and procedure.

STAGE 3: DECISION

• The investigator will consider all of the available evidence in determining the appropriate actions, and will make a recommendation to the Quality Team. The final decision rests with the relevant senior leadership team member, and should be reached in the appropriate forum: this will differ for staff and learner cases. If it is evident that malpractice/maladministration has taken place, one or more of the following actions may be taken: 
  • implementation of an agreed action plan for the affected area of the College; 
  • staff and/or learner training/guidance to prevent the recurrence of malpractice/maladministration; 
  • implementation of the learner Citizenship Code or staff Disciplinary Process. Awarding organisations may also apply further sanctions. 
• The investigator will submit a written report to the Quality Team, and, for staff members, to HR.
• The learner or staff member against whom the allegation has been made will be informed of the outcomes of the investigation and their avenues for appealing against any judgements made, if applicable. The staff member will be informed that the investigation has now concluded and if the threshold has been met for the case to be considered at a disciplinary hearing. If the threshold has not been met, potential outcomes will be as per the Disciplinary Policy and Procedure. 
• Confirmed cases of malpractice/maladministration will be reported to the associated awarding organisation and/or Regulatory Body, in line with published guidance. 

6. Responsibilities (if applicable):

• Delivery teams must ensure that learners are made aware of the Malpractice, Maladministration and Conflict of Interest Policy at the point of induction, and throughout the duration of the programme of study.
• Any incidents of suspected or alleged malpractice/maladministration must be reported to the Curriculum Manager and the Quality Team at the earliest opportunity.
• Any potential conflicts of interest must be brought to the attention of the Curriculum Manager and the Quality Team. Failure to report a conflict of interest can constitute malpractice/maladministration.
• Confirmed cases of malpractice/maladministration will be reported to the associated awarding organisation and/or Regulatory Body, in line with published guidance.

7. Related Documents (if applicable):

JCQ regulations on Malpractice and Maladministration

JCQ guidance on Artificial Intelligence (AI) Use in Assessments: Protecting the Integrity of Qualifications Citizenship Code 

Code of Conduct 

Disciplinary Policy 

Effective and ethical use of AI at Bridgend College

8. Document review:

Appendix 1

What to do if you suspect AI misuse in assessments

• Make a note of the date and time that you identified suspected AI misuse 
• Note clearly why you suspect AI misuse, making reference to the learner’s previous work. Highlight the relevant sections of the learner work 
• Check the Malpractice, Maladministration and Conflict of Interest Policy 
• Inform your Curriculum Manager/Deputy of your concerns 
• Explain to the learner why you suspect AI misuse, and note their response

Equality Impact Assessment Form

Date completed: 01.03.2026
Signed by Manager completing the assessment: Claire Flay-Petty

Welsh Language Impact Assessment

Welsh Language Standards

Action Plan

Actions should demonstrate steps to be taken to reduce or where possible, eliminate any negative impact on the Welsh Language.

Assessment Completion Date: 01.03.2026

Student finance

Studying at college may involve costs for you.

Find out more

Discovery Events

Throughout the year, we open our doors to the public and run a number of discovery events.

Find out more

Campus Tours

We offer over 20 different tours, all of which are focused on a specific subject area.

Find out more

Cyfleoedd

Cyfleoedd is our careers hub, and we work closely with students to enhance careers education and promote work-related opportunities.

Find Out More

Careers

We are a values-based organisation, and we look for people to join us who share those values.

Find Out More