Handling Examination Candidates' Misconduct Cases
The HKSI Institute is committed to maintaining the integrity of its examinations/tests (examinations). To this end, we will thoroughly investigate all alleged misconduct cases and will handle them as follows:
- Suspension and Examination Results: Candidates suspected of breaching examination regulations will be immediately suspended from taking any further HKSI Institute examinations. Examination results will be withheld until the entire process for handling alleged misconduct cases is completed.
- Suspension Period and Rescheduling: Suspended Candidates cannot reschedule their enrolled examinations to another session. All fees paid are non-transferable and non-refundable.
- Notification: Candidates will receive a notification email detailing the violation and its consequences.
- Response Email and Review:
- Candidates can submit a written email, including any mitigating factors, within ten working days after receiving the notification.
- The HKSI Institute will review the case, considering evidence, explanations, and mitigating factors. The case may be reported to the Examinations Disciplinary Panel for a decision.
- Possible Actions Against the Candidate:
- Depending on the nature of the misconduct, the candidate's intention, the impact on examination integrity, and the candidate's prior history of misconduct, the HKSI Institute may take various actions against the candidate:
- Written Warning: For non-compliance that does not affect the integrity of the examination.
- Disqualification: For disruptive behaviour or potential cheating behaviour that does not affect the integrity of the examination
- Suspension (six months to five years): For intentional cheating, misappropriation of examination questions, affecting the integrity of the examination, threats to examination security, or ethical and legal implications
- The HKSI Institute may take any other necessary disciplinary actions deemed appropriate.
- Candidates will normally receive the final decision within one month after sending their response email to the HKSI Institute.
- Appeal Right: Candidates have the right to appeal if they disagree with the penalty imposed. The appeal application must be in writing, clearly stating the grounds for appeal, and submitted to the Examination Appeal Panel within ten business days of receiving the disciplinary decision notification. An administration fee of HKD1,000 per appeal application is charged. The fee is non-refundable unless the appeal is upheld.
- Review Process: The Examination Appeal Panel, composed of independent members from the board of directors, reviews all available documents and decides whether a hearing is required. The hearing can be conducted in English or Chinese (Cantonese or Putonghua) depending on the composition of the Appeal Panel.
- Right to Legal Representation: Candidates have the right to legal advice, representation, and calling witnesses during the appeal process. If a candidate wishes to have legal representation or call for a witness, a written application must be submitted at least five business days before the hearing date. The Appeal Panel Chairperson approves such requests.
- Final Decision: Decisions made by the Examination Appeal Panel are final.
- Report and Record: The Institute reports breaches to the relevant professional or regulatory bodies, as per clause vii of the Examination Privacy Policy. The Institute reserves the right to inform law enforcement agencies, stakeholders, and display information about the misconduct case on its website. All misconduct cases will be recorded in the candidates' personal records maintained by the Institute. These records serve as a reference for future assessments and decisions.