S.L. 327.66 Art. 11Disciplinary Committee. Re-numbered by: L.N. 160 of 2015:

(1) Cases of cheating, attempting to cheat, attempting to take unfair advantage during an examination in any other way, the introduction of unauthorised material in the examination room and reported cases of misconduct shall be investigated by a Disciplinary

Committee appointed by Senate.

(2) The Disciplinary Committee shall consist of the Chairperson of the MATSEC Examinations Board, the Director of the MATSEC, the Principal Subject Area Officer responsible for the subject in which the irregularity took place, a member appointed by the MATSEC Board, and the Chairperson of the Markers’ Panel of the examination as appropriate.

(3) The Disciplinary Committee shall impose penalties in cases where it is established that a breach of the regulations has been committed.

(4) Penalties shall differ in severity depending on the extent and nature of the breach of these regulations as ascertained by the Disciplinary Committee, previous instances of misconduct by the candidate, and any extenuating circumstances.

(5) The Disciplinary Committee may apply a penalty as it deems appropriate. The Disciplinary Committee may:

(a) reprimand the candidate and issue a warning to the candidate about more severe penalties if any future breach of regulations is committed;

(b) issue a warning and lower the result of the examination in the subject;

(c) issue a warning and assign a failing grade in the subject;

(d) cancel the results of all the examinations which the candidate sat for in the particular session when the irregularity took place;

(e) require the candidate to pay for, or otherwise make good for, any damage/s caused, or other costs incurred by the MATSEC Board as a direct consequence of the misconduct;

(f) temporarily suspend the candidate from sitting for any examinations with the MATSEC Board for a definite period of time;

(g) reserve the right to nullify previously awarded certificate/s;

(h) cancel the results of all and/or any of the examinations which the candidate sat for in any preceding session, provided that this sanction shall be applied only when the Disciplinary Committee deems it in the interests of justice to do so; and

(i) adopt any combination of the penalties defined above.

(6) A record of all meetings held by the Disciplinary Committee and the penalties applied as a result of these meetings shall be kept by the MATSEC Board.

(7) Any candidate whose conduct during an examination is being investigated shall be informed in writing about the nature of the allegation and invited to attend the meeting of the Disciplinary Committee when his/her case is discussed. In cases where candidates are minors, the parents/guardians shall also be informed. The candidate may be accompanied by a representative of his choice. If the candidate is accompanied by a legal adviser, the role of the legal adviser shall be to provide the candidate with support and not legal representation. The candidate shall be responsible for all arrangements involving the legal adviser. In such case, the other parties must be informed beforehand.

(8) The Disciplinary Committee has the power to summon persons for the purpose of giving evidence at any meeting.

(9) Should a candidate fail to attend the meeting of the Disciplinary Committee, the Disciplinary Committee may proceed in his/her absence provided that candidates who fail to appear before the Disciplinary Committee shall be deemed to have renounced the right to be heard.

(10) The candidate shall be allowed to sit for any other examination s/he registered for during that same session of examinations.

(11) The issuing of a candidate’s results may be suspended until a decision is taken by the Disciplinary Committee.

(12) The Disciplinary Committee may, in special circumstances, reconsider its decision either on its own motion or following a request to that effect by the candidate concerned, provided that, for the purpose of this regulation, ‘special circumstances’ means only when new (fresh) evidence is available which could not have been provided earlier to the Disciplinary Committee when the case was being heard and/or was not available then.

(13) Before reconsidering the case, the Disciplinary Committee shall first determine whether such evidence is new evidence which could not have been provided earlier to the Disciplinary Committee when the case was being heard and/or was not available then.

(14) A request for reconsideration may be made by the candidate in writing to the Chairperson of the MATSEC Board by not later than fifteen days from the date of notification of the Disciplinary Committee’s decision.

(15) Where the Disciplinary Committee decides to reconsider its decision, it shall inform the candidate accordingly of the new (fresh) evidence it may have received and it shall allow the candidate the opportunity to rebut such new (fresh) evidence.