Countering education fraud - Council of Europe - E-Book

Countering education fraud E-Book

Council of Europe

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For a quality education free of fraud and corruption – a new Recommendation adopted by the Committee of Ministers.Recommendation CM/Rec(2022)18 on countering education fraud addresses the need for a common European approach to ethics, integrity and transparency in education. It makes recommendations for four areas related to education fraud: prevention, prosecution, international cooperation and monitoring.

Education is understood in its broader scope, with all measures contained in the text applying to access to, and all levels and forms of, education, offline and online, from pre-primary to higher education, including vocational education and lifelong learning.

The Recommendation and explanatory memorandum include definitions of education fraud, plagiarism and different types of providers of fraudulent documents such as diploma, accreditation and visa “mills”, as well as essay banks.

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COUNTERING EDUCATION FRAUD

 

 

Recommendation CM/Rec(2022)18

adopted by the Committee of Ministers

of the Council of Europe

on 13 July 2022

and explanatory memorandum

 

 

Contents

 

Click here to see the whole table of contents, or go on the « Table of contents » option of your eReader.

Recommendation CM/Rec(2022)18

ofthe Committee of Ministers tomember States on countering educationfraud

(Adopted by theCommittee of Ministers on 13 July 2022 atthe 1440th meeting of the Ministers’ Deputies)

Preamble

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe (ETS No. 1),

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim can be pursued notably by common action in educational and cultural matters;

Considering that countering education fraud and promoting ethics, transparency and integrity in education is the responsibility of public authorities;

Having regard to:

the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) and its Protocol (ETS No. 9), in particular Article 2 of the latter on the right to education;

the European Cultural Convention (ETS No. 18);

the European Social Charter (revised) (ETS No. 163);

the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (ETS No. 165, Lisbon Recognition Convention);

the Final Declaration of the 24th Session of the Council of Europe Standing Conference of Ministers of Education, which met in Helsinki on 26 and 27 April 2013;

Recommendation CM/Rec (2007) 6 of the Committee of Ministers to member States on the public responsibility for higher education and research;

Recommendation CM/Rec (2012) 7 of the Committee of Ministers to member States on the responsibility of public authorities for academic freedom and institutional autonomy;

Recommendation CM/Rec (2012) 13 of the Committee of Ministers to member States on ensuring quality education, and noting that ethics, transparency and integrity are preconditions for achieving quality in education;

Recommendation CM/Rec (2019) 9 of the Committee of Ministers to member States on fostering a culture of ethics in the teaching profession;

the United Nations Educational, Scientific and Cultural Organization (UNESCO)/Organisation for Economic Co-operation and Development (OECD) Guidelines for Quality Provision in Cross-border Higher Education (2005);

the United Nations International Covenant on Economic, Social and Cultural Rights (1966);

Recommendation CM/Rec (2014) 7 of the Committee of Ministers to member States on the protection of whistleblowers and Parliamentary Assembly Recommendation 2162 (2019) “Improving the protection of whistle-blowers all over Europe”, as well as the reply to this recommendation adopted by the Committee of Ministers;

Bearing in mind the development of the education sector and the emergence of new forms of qualifications, including certification by higher education institutions, vocational education institutions or other providers and industry;

Considering that member States are responsible for the organisation and content of their education systems, in accordance with national legislation, regulations, competences, practices and international agreements;

Considering that education fraud has always existed, but that the development of new technologies has facilitated the proliferation of this phenomenon;

Considering that these technologies can also be used to counter education fraud and to promote ethics, transparency and integrity in education;

Considering that education fraud is a threat to:

the right to quality education at both national and international level and equal opportunities for learning and protection of all citizens;

the trust placed in the quality, fairness and professionalism of the education systems and institutions of each member State and hence to transparency, quality assurance, international mobility of students and employability;

the economy of each member State;

the credibility of regulated professions, including the medical sector, as well as of public-service employment in each member State;

the international reputation of each member State and the trust placed in its democratic system, national security and public safety, as well as in the mechanisms of mutual recognition of degrees and qualifications;

Convinced of the need to have a European response and solution to this phenomenon;

Convinced of the need to have a comprehensive international instrument on countering education fraud and promoting ethics, transparency and integrity in education,

1. Recommends that member States’ governments, in accordance with the definitions and actions described in the appendix, and while respecting their constitutional structures, national and local contexts, and educational systems:

effectively develop, promote and encourage quality education by eliminating, on their territory and as far as possible at transnational level, actions and activities which contribute to education fraud;

take the necessary measures to protect pupils, students, researchers and staff at all levels of education from organisations and individuals engaged in marketing and promoting education services that constitute fraud through use of the internet, social media, advertising and other means;

provide support for the implementation of preventative and protective measures by educational institutions and relevant stakeholders in education and employment, as well as a culture of equality of opportunity at all levels and in all sectors of education and training and in the transition between these sectors;

keep under review technological developments which may add to the list of activities constituting education fraud;

facilitate international co-operation and peer learning in this area through the Council of Europe Platform on Ethics, Transparency and Integrity in Education (ETINED);

ensure that this Recommendation is translated into the official language (s) of their respective countries and widely disseminated;

2. Commits to reviewing the implementation of this Recommendation five years after its adoption.

Appendix to Recommendation CM/Rec(2022)18

1. Aim and scope

This Recommendation aims to assist member States to counter education fraud and promote and support ethics, transparency and integrity in education, and therefore to help them ensure the right to education for all learners.

All measures contained in this Recommendation apply to access to education and all levels and forms of education, from pre-primary to higher education, including vocational education and work-based learning, lifelong learning and adult learning, delivered by all education institutions – whether public, private, for-profit or not-for-profit – foundations or any other recognised form of education establishment.

The Recommendation underlines the responsibility of public authorities and/ or professional bodies and private organisations and companies to foster the principles of ethics, transparency and integrity in education and to address education fraud.

2. Definitions

For the purposes of this text, the main terms relating to fraud in education are listed below.

“Codes of ethics” are expressions of moral and ethical values and principles that serve to develop and maintain the ethics of the education process at all levels and in all aspects. Based on the core values of the Council of Europe, they aim at furthering democracy, human rights and the rule of law and reflect a strong and effective commitment to equity, justice and inclusion in education. “ETINED principles” are those principles and values developed by the Council of Europe Platform on Ethics, Transparency and Integrity (ETINED) in accordance with its mandate, based on the concept that quality education will only be achieved, and education fraud effectively addressed, if all relevant sectors of society fully adhere to a set of fundamental ethical principles, both in public and professional life, while relying upon legal norms and structures. The ETINED mandate seeks to develop and support a culture of democracy and participation based on the principles of ethics, transparency and integrity in education.

“Education fraud” is behaviour or action occurring in the field of education intended to deceive and obtain an unfair advantage. It includes: (i) the activities of diploma mills, accreditation mills, visa mills, essay mills and essay banks, as defined below; (ii) impersonation by undertaking in whole or in part any work or assessment required as part of a programme in the place of an enrolled learner; (iii) illegal or irregular use of authentic documents; (iv) plagiarism; (v) production or use of forged, plagiarised or counterfeit documents; and (vi) the offer of unrecognised or unaccredited qualifications with the intention of deceiving another.

“Fraudulent education service providers” include accreditation mills, diploma mills, essay mills, essay banks and visa mills, whether stand-alone or part of larger undertakings.

An “accreditation mill” is an institution or organisation (in any legal form) which is neither recognised by national competent authorities nor authorised by the law of any member State to provide accreditation for education programmes or awards, and which intends to mislead employers, students or the public.

A “diploma mill” (also known as a “degree mill”) is an institution or organisation which is not recognised by national competent authorities or organisations as an institution accredited or authorised by the law of any member State to confer awards or qualifications, and which purports, by means of misrepresentation, to issue such awards or qualifications.

An “essay mill” (otherwise referred to as a provider of contract cheating services) is an organisation or an individual, usually with a web presence, which enters into contracts with students or their representatives to complete, in full or in part, one or more assignments (including student work such as essays, projects, theses and dissertations) for financial gain, whether or not the content is plagiarised, leading to a form of academic misconduct. For the avoidance of doubt, an essay mill does not include providers of private tutoring services lawfully operating within national legislation or regulations.