Guidelines concerning cheating and censurable acts at NMBU
Please note! The Norwegian text is the official and authoritative text. The translation is for convenience only.
Chapter 1: Establishment and Purpose of the Guidelines
1.1 These guidelines were established on 6 December 2012 by the University Board at the University of Life Sciences (UMB). The guidelines came into effect on 1 January 2013. The guidelines are continued the Norwegian University of Life Sciences (NMBU). They were linguistically updated June 15, 2015. The guidelines were adjusted 19 September 2024 by the University Board in accordance withe the Act relating to universities and university colleges (2024).
1.2 The he purpose of these guidelines is to clarify the concept of cheating at NMBU, to highlight the potential consequences for students who engage in cheating or other misconduct, and to establish rules for the handling of such cases.
1.3 These guidelines define the tasks and responsibilities of the university's units when potential cheating or other misconduct is discovered in connection with a student's academic performance at NMBU.
Chapter 2: Scope of the Guidelines
2.1 The guidelines apply to all students at NMBU.
2.2 The guidelines cover all academic achievements that are evaluated for use in diplomas, certificates, or transcripts from NMBU, including the evaluation of ongoing study efforts when the evaluation is part of the final assessment of the student in the subject. The guidelines cover achievements and exams that are taken outside of NMBU, when these are to be included in an exam or the basis for a degree at NMBU.
2.3 The guidelines follow the terminology used in the Act relating to Universities and University Colleges.
Chapter 3: NMBU's Understanding of Cheating
3.1 Cheating is any action that aims to give the student an unjustified academic result or an unjustified advantage in the evaluation of academic performance.
3.2 This section discusses examples of cheating. The list is not exhaustive.
- Violations of NMBU's exam regulations can constitute cheating.
- Cheating can involve gaining knowledge of exam questions before the exam starts with the intention of benefiting from that knowledge during the exam.
- Actions that aim to give a student an unfair advantage during the exam, such as extended time or extra aids, can be cheating.
- Cheating can involve manipulating the exam paper after submission with the intention of achieving a better assessment.
- Cheating can involve obtaining access to aids that are not allowed according to NMBU's specified aid codes for the relevant written exam. This applies regardless of whether the illegal aid consists of paper, a mobile phone, or other equipment, and regardless of whether the aid is located in the exam room or elsewhere where the candidate can access it during the exam.
- Cheating can involve a submitted paper being prepared by someone other than the person listed as the examinee.
- Plagiarism is cheating. Plagiarism means presenting someone else's work as your own without sufficient source citation, so that the work appears unfairly as the student's own work. This applies regardless of whether the reproduction involves paraphrasing, quotes from books, articles, websites, other people's work, the use of images, graphs, etc., or other things. Plagiarism should be understood in the same way as it is practiced according to the Research Ethics Act.
- Cheating can involve reusing an answer that has been graded in a previous exam, unless such use is agreed upon with the institution.
3.3 Actions aimed at granting a person admission to studies at NMBU on an unjustified basis are not considered cheating, but may in the circumstances be perceived as other fraud cf. the Act relating to Universities and University College cf. 4-7, first paragraph, subparagraph a.
Chapter 4: Legal basis
4.1 Reactions to cheating and other misconduct are based on the rules in Chapter 12 of the Act relating to Universities and University Colleges.
4.2 The handling of cases is normally based on the Universities and Act relating to Universities and University Colleges, the Public Administration Act, the Public Access Act, as well as NMBU's internal regulations and guidelines. Other Norwegian legislation may be relevant depending on the circumstances.
Chapter 5: Case Preparation
5.1 NMBU's responsibility for case preparation in cases of suspected cheating or other misconduct rests with the rector, who can delegate authority in such cases to the study director or others.
5.2 If there is suspicion of cheating, the person who discovers the incident should immediately secure any potential evidence. If the suspicion concerns cheating in the form of unauthorized aids during an exam, the items should be confiscated immediately. This also applies to items of economic value, such as mobile phones or computers, but such items should be returned to the student no later than the next day. NMBU ensures that students who register for exams are made aware of this provision.
5.3 When suspicion of cheating arises before or during an exam, the student should be informed of the suspicion. The exam should normally be conducted as planned if the student wishes it. If the suspicion arises during a written exam, the student should be granted extended exam time corresponding to the time required for contact regarding the suspicion, but at least 30 minutes.
5.4 The student's answer is graded in the usual way, but the grade is not made public until it has been decided whether the case should be referred to NMBU's bord of student affairs and until the case is finalized.
5.5 As soon as possible, the person who has discovered the incident should prepare a written account of what has been found, which persons are involved, and what has been done in the matter. The account should not take a position on the question of guilt and should not recommend further handling of the case or reactions. The account is normally addressed to the study director or the person responsible for investigating the matter.
5.6 The rector or the person authorized by the rector investigates the matter and assesses whether there is grounds for referring the case to the bord for student affairs for a decision on whether cheating has occurred and, if so, to determine a reaction to the incident. The investigations should be objective and, as far as possible, clarify both what speaks for and against the student's case. The student should be given a reasonable period of time to comment on the matter for use in assessing whether the case should be referred.
5.7 If the rector or the person authorized by the rector finds sufficient suspicion that there are circumstances that can be assessed with regard to reactions according to the Act relating to Universities and University Colleges, the case is sent to NMBU's bord for student affairs with an account of the case and a recommendation for a reaction. Upon submission, it must be ensured that necessary investigation and documentation for the board's handling of the case is included.
5.8 The administration or the bord's secretary shall notify the candidate that the case is being referred to NMBU's board for student affairs. If a police report is considered, this should be stated in the preliminary warning.
5.9 In cases where the student has the right to have legal assistance covered, the student shall be informed of the right in accordance with the Act relating to Universities and University Colleges section 12-9 and the fee regulations.
5.10 The bord for student affairs shall handle the case in a meeting, to which NMBU's representatives and the student are invited, with an offer of legal assistance when this can be required. The student is given the opportunity to explain the matter with the support of their lawyer or other assistant.
5.11 The student or their representative has the right to see the case documents, cf. the Public Administration Act section 18 with the exceptions that appear in the act. The right of inspection does not include internal assessments during the case preparation, but other recorded documents should as a rule be made known to the parties upon request. Exceptions to document inspection must be justified with reference to the law.
5.12 Cases of cheating or other misconduct contain, according to the nature of the case, information about the student's personal circumstances and are therefore normally subject to confidentiality for employees and members of NMBU's bord for student affairs, cf. the Public Administration Act section 13 and the Public Access Act section 13. If the bord is to handle information about personal circumstances or other information subject to confidentiality, the meeting shall be closed, in whole or in part. The board can also decide that the meeting should be closed if the consideration of confidentiality otherwise requires it. Any request for open handling of the case from students with a protection interest according to these provisions is assessed by the board.
Chapter 6: Evidence Requirements and Decisions on Reactions
6.1 NMBU's board for student affairs takes a position on the question of guilt and determines any reactions according to the relevant provision in the Act relating to Universities and University College.
6.2 NMBU's board for student affairs assesses objective findings and subjective guilt requirements in each case. As an evidence requirement for cheating, a clear preponderance of probability is assumed.
6.3 Any reactions against a student must be in reasonable proportion to the nature and severity of the cheating act and the student's personal degree of guilt. The subjective guilt requirement can in some cases be assessed against academic immaturity, especially for students in lower years.
6.4 In decisions on expulsion and loss of examination rights, the decision shall state whether the student loses examination rights at NMBU or at all Norwegian universities and university colleges.
Chapter 7: Post-Decision Procedures
7.1 NMBU's board for student affairs sends a notification of its decision to the parties involved in the case. The rules on complaint guidance in the Public Administration Act are followed.
7.2 In decisions on expulsion and loss of examination rights, the decision shall state whether the student loses examination rights at NMBU or at all Norwegian universities and university colleges.
7.3 Expulsion and loss of examination rights can be implemented from the date determined in the decision, regardless of whether the decision is appealed. NMBU's committee for student affairs can, depending on the circumstances, grant a stay of execution if the student appeals the decision, cf. the Public Administration Act section 42.
7.4 The Department of Academic Affairs implements the decision in the case when a final decision has been made. Expulsion from teaching means that the student is deprived of access to Canvas, student e-mail, student web, as well as laboratories, classroom teaching, and other teaching-related services. Expulsion from exams means that the student cannot take oral or written exams, submit graded assignments, or otherwise submit to academic assessment at the university.
Upon expulsion from all Norwegian universities and colleges, a message will be sent to the register for excluded students (RUST).
7.5 If an annulled exam constitutes a necessary part of an awarded degree, NMBU shall require that the certificate for the degree be returned - as far as possible voluntarily, but if necessary by forced collection according to the Act relating to Universities and University Colleges section 12-4 sixth paragraph cf. the Enforcement Act Chapter 13.
Chapter 8: Appealing the Decision
8.1 Students can appeal NMBU's board for student affairs' adverse decisions in cases under the Act relating to Universities and University Colleges sections 12-1 to 12-8 to the Joint Appeals Committee, appointed by the Ministry of Education and Research by regulation of October 10, 2005 No. 1192.
8.2 Decisions to deny document inspection to others than students can be appealed to the Directorate for Higher Education and Competence (HK-dir), cf. the Public Access Act section 32 and the Act relating to Universities and University Colleges section 14-2.
8.3 Students can bring decisions on expulsion, exclusion, unsuitability, and dismissal before the courts according to the Act relating to Universities and University Colleges section 12-10. An appeal to the Joint Appeals Committee must be attempted first. The deadline for filing a lawsuit is 3 months from the date the final administrative decision is issued.
Chapter 9: Criminal Offences
9.1 If NMBU's board for student affairs or the administration identifies criminal offenses, the incident can be reported to the police. The use of false documents must in all cases be reported to the police, cf. the Act relating to Universities and University Colleges section 12-1.