Misconduct and Maladministration Policy

This policy applies to employees, instructors, and clients (including students) of Luster Beauty International Education and Training Academy, including those currently providing or enrolled in our accredited qualifications who are involved in alleged or actual misconduct/maladministration. This policy is also for use by LBEDU staff to ensure they handle all misconduct and maladministration investigations in a consistent manner.

This policy sets out the steps that LBEDU staff, students, or others must follow when reporting alleged or actual cases of misconduct/maladministration, as well as the Academy's responsibilities when handling such cases. It also outlines the procedural steps LBEDU will follow when reviewing cases.

Academy Responsibilities

It is essential that staff and students involved in the management, assessment, and quality assurance of LBEDU qualifications fully understand the content of this policy. The Academy must also establish appropriate arrangements to prevent and investigate cases of misconduct and maladministration.

Academy Review Arrangements

As part of its annual self-assessment arrangements, LBEDU will review this policy annually and revise it when necessary based on feedback from clients and students; changes to our practices; requirements from regulators or external bodies; changes in legislation; or trends identified from past allegations.

Additionally, this policy may be updated based on operational feedback to ensure that LBEDU's arrangements for handling alleged misconduct and maladministration cases remain effective.

Definition of Misconduct

Misconduct fundamentally refers to any activity or practice that deliberately contravenes regulations and undermines the integrity of the internal or external assessment process and/or the validity of certificates. It includes any deliberate action, omission, default, or other practice that could damage or would damage any of the following: the assessment process, the integrity of regulated qualifications, the validity of grades or certificates, the reputation and credibility of LBEDU, the qualification itself, or the wider qualifications sector.

Misconduct may cover a range of issues, from failure to maintain appropriate records or systems, to deliberately falsifying records to claim certificates.

For the purposes of this policy, the term also covers misconduct and forms of unnecessary discrimination or bias against certain groups of students.

Examples of Misconduct

• Failure to conduct internal assessment, internal moderation, or internal verification in accordance with LBEDU requirements
• Deliberate failure to comply with LBEDU student registration and certification procedures
• Deliberate and persistent failure to comply with LBEDU centre approval and/or qualification approval requirements or actions assigned to the centre
• Deliberate failure to maintain proper auditable records, such as certification claims and/or falsification of evidence
• Exchanging, obtaining, receiving, passing on (or attempting to pass on) information that may be relevant to examinations
• Making false declarations of authenticity regarding the authorship of coursework or the content of portfolios
• Allowing others to assist in completing coursework or assisting others in completing coursework
• Misuse or attempted misuse of examination materials and resources (e.g., sample materials)
• Possession of confidential materials before an examination
• Impersonation / pretending to be someone else
• Bringing unauthorised materials into the examination hall, such as study guides
• Behaviour that compromises the integrity of the examination
• Tampering with any results documents, including certificates
• Failure to follow the invigilator's instructions or advice
• Fraudulent claims for certificates
• Collusion or allowing collusion in examinations/assessments
• Students continuing to work towards a qualification after the certification claim has been submitted
• Persistent maladministration within the centre
• Deliberate breach by the centre and/or its students of the assessment arrangements specified for LBEDU qualifications
• Loss, theft, or compromise of the confidentiality of any assessment materials
• Plagiarism by students/staff
• Copying from another candidate (including using information and communication technology to do so)
• Impersonation – pretending to be another candidate in an assessment or allowing another person to impersonate you

Definition of Maladministration

Maladministration fundamentally refers to any activity or practice that results in a failure to comply with administrative regulations and requirements, including persistent errors or poor administration within the centre (e.g., inappropriate student records).

Examples of Maladministration

• Persistent failure to comply with LBEDU student registration and certification procedures
• Persistent failure to comply with LBEDU centre approval and/or qualification requirements and/or related actions assigned to the centre
• Late registration of students (including both occasional and persistent)
• Unreasonable delays in responding to LBEDU requests and/or communications
• Inaccurate certification claims
• Failure to maintain proper auditable records, such as certification claims and/or falsification of evidence
• Concealing from us, through deliberate acts or omissions, information required to ensure that the centre and LBEDU have the capacity to properly deliver the qualification

Procedure for Raising Allegations of Misconduct or Maladministration

Anyone who discovers or becomes aware of an alleged or actual case of misconduct or maladministration must immediately notify the Academy Supervisor. In doing so, they should submit their concerns in writing/email, accompanied by appropriate supporting evidence.

• All allegations must (where possible) include: the student's name and registration number, the name and position of staff involved (if applicable), details of the course/qualification affected or the nature of the service affected, the nature of the alleged or actual misconduct and relevant dates, details and outcomes of any preliminary investigations conducted by the centre and/or any other relevant parties to the case, including any mitigating circumstances.

Subsequently, the Supervisor will conduct a preliminary investigation, ensuring that staff involved in the initial inquiry are competent and have no personal interest in the outcome.

In all reported cases of alleged misconduct and maladministration, we will protect the identity of the "whistleblower" in accordance with our confidentiality obligations and/or any other legal responsibilities.

Privacy Protection

Sometimes, individuals raising allegations of misconduct or maladministration may wish to remain anonymous. While we always prefer that you disclose your identity and contact details to us, if you are concerned about potential adverse consequences, you may request that the Supervisor does not reveal your identity.

While we are prepared to investigate issues reported to us anonymously, we should always attempt to corroborate the allegations through separate investigation before engaging with the parties involved in the allegation.

Investigation Responsibilities

In accordance with regulatory requirements, all alleged cases of maladministration and misconduct will be reviewed promptly by LBEDU to determine whether misconduct or maladministration has occurred, and all reasonable steps will be taken to prevent any adverse effects.

We will acknowledge receipt of allegations to external parties, where appropriate, within 48 hours.

Our Supervisor will be responsible for ensuring the investigation is conducted in a timely and effective manner, in accordance with the procedures in this policy, and will assign appropriate staff to lead the investigation, determine whether misconduct or maladministration has occurred, and review any supporting evidence received or collected by LBEDU.

Notifying Relevant Parties

Where applicable, if we believe that an incident of misconduct or maladministration has occurred that may result in the invalidation of qualifications or may affect other awarding bodies, our Supervisor will notify the appropriate regulatory body.

If the allegation may affect other awarding bodies and their services, we will also notify them in accordance with regulatory requirements and obligations set by the regulator. If we are unaware of the details of potentially affected bodies, we will ask the regulator to assist us in identifying the relevant parties to be notified.

Investigation Timeline and Summary Process

Our goal is to complete and resolve all stages of the investigation within 10 working days of receiving the allegation.

The fundamental principle of all investigations is that they are conducted fairly, reasonably, and lawfully, ensuring that all relevant evidence is considered without bias. To this end, the investigation will be guided by the following broad objectives:

• Establish the facts relating to the allegation/complaint to determine whether any breach has occurred
• Identify the causes of the breach and those involved
• Determine the scale of the breach
• Assess any actions already taken
• Determine whether remedial measures are necessary to reduce risks to currently enrolled students and to uphold the integrity of LBEDU and the qualification
• Identify any adverse patterns or trends

Investigations may involve requesting further information from relevant parties and/or conducting interviews with those involved. Accordingly, we will:

• Ensure that all materials collected as part of the investigation are properly secured
• If the investigation results in certificate invalidation, or criminal or civil proceedings, all records and original documents relating to the case will be retained until the case and any appeals are concluded, and thereafter for a period of five years
• Expect all parties directly or indirectly involved in the investigation to cooperate fully with us
• Reserve the right to withhold results for students and/or cohorts, whether upon notification of an alleged or actual case of misconduct or maladministration, and/or at any time during the investigation

If an LBEDU employee or partner is under investigation, we may suspend them or reassign them to other duties until the investigation is complete.

Throughout the investigation, our Supervisor will be responsible for overseeing the work of the investigation team to ensure due process is followed, appropriate evidence has been gathered and reviewed, and for liaising and maintaining communication with relevant external parties.

Investigation Report

Upon conclusion of the investigation, we will produce a draft report for the relevant parties to verify factual accuracy. Any subsequent amendments will be agreed upon jointly by the relevant parties and us. The report will:

• Indicate where the breach (if any) occurred
• Confirm the facts of the case
• Identify who is responsible for the breach (if any)
• Confirm the appropriate level of remedial action to be taken