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EXAMINATIONS OFFENCES AND PENALTIES

1. Illegal possession, knowledge or use of Examinations Papers

(1) Any person who, before or during an examination conducted by the Council, without lawful authority, the proof of which shall be on him-
(a) has in his possession any examination paper;
(b) is found to have had fore-knowledge of the contents of any examination paper; or
(c) makes use of any examination paper or the contents of it in any manner whatsoever, commits an offence and shall be liable on summary conviction to a fine of not less than L$1,000.00 and not exceeding L$2,000.00 or imprisonment for a term of not more than two years or both.

SANCTION: PROSECUTION WITH FINE AND OR TWO YEARS IMPRISONMENT

(2) Where a candidate before or during an examination is found to have acted or is found acting in breach of the provisions of sub-section

(1):-
(a) he shall be disqualified from taking the examination and the entire results of the candidate in the examination shall be cancelled; and
(b) The Council may prohibit the candidate from taking any examination conducted by or on behalf of the Council for a period of not less than two years immediately following the breach.

SANCTION: CANCELLATION OF ENTIRE RESULTS AND BAR FOR TWO YEARS

(3) The penalties contained in this section shall be in addition to any penalties that may be imposed by a Court or Tribunal.

4. Leakage of Examination Papers , etc. Without prejudice to section 3 of this Law, any person who-

(a) before or during an examination without lawful authority, the proof of which shall be on him gives any Examination paper to any person;
(b) without lawful authority, the proof of which shall be on him, discloses the contents of any examination paper to any person;
(c) fraudulently alters the results sheet of any candidate;
(d) fraudulently replaces the original script of any candidate;
(e) without lawful authority, the proof of which shall be on him, makes any changes in the original script of any candidate;
(f) fraudulently alters the examination number, photograph or any identification of a candidate; or
(g) acts in any manner with intent to falsified the records of the Council with regard to any examination or examination results in relation to any candidate commit an offence and shall be liable on summary conviction to a fine of not less than L$1,000.00 and not exceeding L$2,000.00 or to imprisonment for term of not more than two years or to both.

SANCTION: PROSECUTION AND TWO YEARS IMPRISONMENT

5. Impersonation

Any person, who for the purpose of an examination conducted by or on behalf of the Council-,
(a) falsely presents himself to be some other person or knowingly allows himself to be so falsely represented; or
(b) falsely uses any certificate, testimonial, signature, photograph or any other document of some other person to represent himself as that other person, shall be guilty of an offence and liable on summary conviction to a fine of not less than L$1,000.00 and not exceeding L$2,000.00 or to imprisonment for a term of not more than two years or to both, and shall, in addition to such penalty as may be imposed under this section, be prohibited for a period of three years from taking any examination conducted by or on behalf of the Council.

SANCTION: ARREST AND PROSECUTION

6. Copying at Examination

Any candidate who, during an examination----
(a) is found copying from the script of another candidate; or
(b) without lawful authority, proof of which shall be on him, has in his possession in the examination room any textbook or any unauthorized written material; or
(c) is found without lawful authority proof of which shall be on him copying from any notes or textbook, shall be guilty of an offence and liable on summary conviction to a fine of not less than L$1,000.00 and not more than L$2,000.00 or to imprisonment for a term not exceeding two years or to both and he shall in addition be disqualified from taking the examination and if he has already taken any papers at the examination, those papers shall be cancelled by the Council.

SANCTION: PROSECUTION, DISQUALIFICATION AND CANCELLATION OF PAPERS ALREADY TAKEN

7. COLLUSION:

(a) Where a candidate is caught during the examination passing notes for help, receiving off giving assistance or colluding in any other manner with another person or persons, the candidate's result in the entire examination shall be withheld pending the cancellation of the result of the subject (s) involved by the Final Awards Committee of Council;
(b) Where the person giving the help is not a candidate for the current examination but a prospective candidate, he/she shall be barred from taking any examination conducted by the Council for one year and will be reported to the appropriate authority of punitive action; and
(c) Where cases of cheating are detected on scripts and or otherwise established in one paper, the result of the subject involved shall be cancelled . Where a candidate is proved to have cheated in more than one paper/subject, his entire examination results shall be cancelled .

SANCTION: CANCELLATION OF RESULTS

8. Assault on Invigilators/Proctors/ Test Supervisors/Inspectors, etc.

Any person who, before, during or after an examination conducted by or on behalf of the Council assaults any invigilator, test supervisor, inspector, proctor or any officer authorized by the Council to perform a duty at or connected with the examination commits an offence and is Liable on summary conviction to a fine of not less than L$1,000.00 and not exceeding L$2,000.00 or to imprisonment for a term not exceeding two years or to both.

SANCTION: PROSECUTION AND TWO YEARS IMPRISONMENT

9. Aiding and abetment of Offence

Any person who aids, abets, induces or in any other manner facilitates the commission of an offence under the Law is guilty of an offence and is liable on summary conviction to the penalty prescribed under that section in relation to the offence.

SANTION: PROSECUTION AND CANCELLATION OF RESULTS IF A CANDIDATE

10. Penalty to Schools for Examination Irregularities

When more than one-third of the candidates at a school before, during or after an examination are found to have acted contrary to any of the provisions of this Part, the Council, may forthwith prohibit that school from organizing, supervising or acting as agent of the Council in conducting any examination of the Council for such period as the Council may determine and this shall be in addition to any penalties that may be imposed in accordance with the rules and regulations of the Council.

SANCTION: DECOGNITION OF SCHOOL

11. Camping of School Candidates

School candidates involved in camping immediately, before and during the administration of the WAEC Examinations commit an offence. The penalty shall be disqualification and subsequent cancellation of the entire results of the candidates; the school authorities of said schools shall be prosecuted and when found guilty shall pay a fine of L$50,000.00 or suspension of school permits/licenses for one year or both.

SANCTION: PROSECUTION, FINE OF L$50,000.00 TO SCHOOL, SUSPENSION OF PERMIT FOR ONE YEAR, CANCELLATION OF ENTIRE RESULTS OF CANDIDATES

12. Collection of Flexibility/Project Fees

Schools authorities and school candidates for the WAEC examinations collecting and paying money for the above purpose before or during the examinations with the intent of giving their school/candidates advantage on the examination commit an offence. The penalty shall be disqualification and subsequent cancellation of the entire results of the candidates; the school authorities of said schools shall be prosecuted and when found guilty shall pay a fine of L$50,000.00 or suspension of school permits/licenses for one year or both.

SANCTION: PROSECUTION, L$50,000.00 FINE TO SCHOOL, SUSPENSION OF PERMIT FOR ONE YEAR, DISQUALIFICATION AND CANCELLATION OF ENTIRE RESULTS OF CANDIDATES

13. Acceptance of Flexibility Fees

Test Supervisors, Proctors, Examiners, others and staff of WAEC receiving flexibility fees and failing to report same to Officials of WAEC commit an offence. The individuals concerned shall be prosecuted and when found guilty shall be imprisoned for six month in addition to dismissal from his/her employment.

SANCTION: PROSECUTION, IMPRISONMENT AND DISMISSAL

14. Use of Mobile/Cell Phone

School authorities and candidates for the WAEC examinations using Mobile/Cell Phone during the examination with the intent of giving their school/candidates information on the examination commit an offence. The penalty shall be disqualification and subsequent cancellation of the entire results of the candidates; the school authorities of said schools shall be prosecuted and when found guilty shall pay a fine of L$50,000.00 or suspension of school permits/licenses for one year or both.

SANCTION: DISQUALIFICATION AND CANCELLATION OF ENTIRE RESULTS OF CANDIDATES, PROSECUTION, SUSPENSION OF PERMIT AND FINE OF L$50,000.00 TO SCHOOL

15. MASS CHEATING:

(a) Where there are established cases of mass cheating /collusion in a center/subject as a result of bad invigilation/supervision, the entire results of the center shall be withheld pending cancellation of the subject results for those confirmed to have cheated;
(b) Where more than half of the candidates in a center/subject are involved in cheating/ collusion, this shall regarded as mass cheating, except when the number of candidates in that subject is less than 25, in which case the Final awards Committee of Council shall use its discretion;
(c) Where mass cheating has been identified, the following shall apply:
(i) in the case of recognized school. A report shall be made to the Ministry of Education for disciplinary action against the person (s) responsible and the school shall be de-recognized for a period not less than one year;
(ii) in the case of paid proctors/supervisors, the Council shall take the appropriate action
(d) A school shall be de-recognized for a stated period if:
(i) Mass cheating/collusion is established in more than one paper/subject and
(ii) The Final Awards Committee of Council is satisfied that the school cannot ensure the satisfactory conduct of the Council's Examination.

NEW RULES (2009)

Rule8a. Where a candidate, in contravention of the instructions to candidates, writes with pencil instead of ink or shades with pen instead of pencil, his/her entire results shall be withheld pending the cancellation of his/her subject result by the appropriate Committee of Council.

Rule8b. Where a candidate fails to complete the cover page of his/her answer booklet as specified in the instructions, his/her entire results shall be withheld pending cancellation of his/her subject result by the appropriate Committee of Council. The Head of National Office advises that to be on the safe side, there should be NO use of mobile/cell phone during the conduct of the examination.

WE APPEAL TO ALL STAKEHOLDERS TO HELP WAEC PROVIDE CREDIBLE EDUCATION SERVICE TO THE NATION. THE NATION'S WEALTH IS IT HUMAN RESOURCE. ONCE IT IS WELL DEVELOPED, THE NATION WILL PROSPER. LET US GIVE QUALITY EDUCATION A CHANCE. AVOID EXAMINATION MALPRACTICE. EARN YOUR CERTIFICATE THROUGH MERIT AND MERIT ONLY. YOU WILL BE PROUD OF YOURSELF.

THANK YOU.
MANAGEMENT, WAEC LIBERIA

 

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