Malpractice and Maladministration Policy

Governing standards under US federal law and the laws of New Jersey

Effective Date: June 2026 

1. Purpose and Scope

This Malpractice and Maladministration Policy sets out how Skill Up LLC (trading as AI Governance Institute) defines, prevents, detects, investigates, and responds to malpractice and maladministration in connection with its online professional development courses, assessments, and Certificates of Completion.

This policy is governed by and construed in accordance with applicable United States federal law and the laws of the State of New Jersey.

It applies to:

  • All learners enrolled in courses offered through AI Governance Institute
  • All employees, contractors, and content developers involved in course production, delivery, and administration
  • All assessment, completion, and certificate issuance processes

2. Legal Framework

This policy is informed by and seeks compliance with the following applicable laws and regulations:

2.1 US Federal Law

  • Federal Trade Commission Act (15 U.S.C. § 45) — prohibition on unfair or deceptive acts and practices in commerce, including misrepresentation of educational qualifications or credentials.
  • Higher Education Act regulations and FTC Guidance on endorsements and testimonials — standards for truthful advertising of educational outcomes.
  • Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g) — applied to protect the confidentiality of learner records.
  • Computer Fraud and Abuse Act (18 U.S.C. § 1030) — prohibition on unauthorized access to computer systems.
  • Electronic Communications Privacy Act — governing interception and disclosure of electronic communications.

2.2 New Jersey State Law

  • New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) — prohibition on deceptive, misleading, or unconscionable business practices, including in educational services.
  • New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.) — requirements for clear and non-deceptive contractual terms.
  • New Jersey Computer Related Offenses Act (N.J.S.A. 2A:38A-1 et seq.) — prohibition on unauthorized access to systems or data.
  • New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) — prohibition on discriminatory practices in service delivery.

3. Definitions

3.1 Malpractice

Malpractice means any deliberate act, dishonest conduct, or intentional failure by a learner, staff member, or contractor that undermines the integrity, validity, or reliability of courses, assessments, or certificates.

Under applicable law — including the NJ Consumer Fraud Act and FTC Act — conduct that misrepresents educational outcomes or credentials may constitute unlawful deceptive practice.

Examples of malpractice include:

  • Cheating, plagiarism, or use of unauthorized materials in assessments
  • Impersonation or contract cheating (another person completing work on behalf of a learner)
  • Sharing, selling, or distributing assessment answers or login credentials
  • Falsifying, altering, or misrepresenting Certificates of Completion
  • Fraudulently claiming unearned qualifications or completion status
  • Deliberate provision of misleading or inaccurate content by staff or contractors
  • Any act that may constitute fraud under federal or New Jersey law

3.2 Maladministration

Maladministration means unintentional errors, negligence, or systemic failures in the administration of courses, assessments, or certificates that affect learners or service quality.

Under the NJ Consumer Fraud Act, material omissions or negligent misrepresentations may also constitute unlawful practices.

Examples include:

  • Issuing certificates with incorrect learner or course details
  • Failure to provide course access within the advertised timeframe
  • Inaccurate or incomplete learner records
  • Failure to process refunds in line with the Refund Policy
  • Misstated course descriptions or learning outcomes
  • Errors in grading or assessment processing
  • Failure to maintain data in accordance with the Privacy Policy and applicable law

4. Prevention Measures

We implement the following measures to prevent malpractice and maladministration:

  • Unique, individual login credentials for each learner
  • Assessment question randomisation and controlled question banks
  • Secure, time-stamped records of enrollment, progress, and completion
  • Verified certificate generation including learner identity and course details
  • Regular content review for accuracy and compliance with advertised outcomes
  • Clear and transparent marketing aligned with FTC guidance on truthful advertising
  • Secure access controls to prevent unauthorized data modification

5. Reporting

Any learner, employee, contractor, or third party who suspects malpractice or maladministration must report it promptly.

Reports will be treated confidentially where possible, and individuals reporting in good faith will be protected from retaliation.

Reports should be submitted to:

Email: [email protected]
Subject: Malpractice/Maladministration Report — Confidential
Address: 971 US Highway 202 N, Suite N, Branchburg, NJ 08876, USA

Where conduct may constitute a criminal offence or regulatory violation, we may report the matter to relevant authorities, including:

  • New Jersey Division of Consumer Affairs
  • Federal Trade Commission (FTC)
  • Local or federal law enforcement agencies

6. Investigation Procedure

Upon receipt of a report, we will follow this process:

  1. Acknowledge receipt within three (3) business days
  2. Assign a designated investigator for impartial review
  3. Secure and preserve relevant evidence (logs, records, certificates, assessments)
  4. Notify relevant parties where appropriate and where it does not compromise investigation integrity
  5. Conduct a fair investigation, allowing the subject to respond
  6. Produce a written investigation report within 7–10 business days
  7. Communicate outcome within 21 calendar days, where reasonably practicable

7. Outcomes and Sanctions

7.1 Where Learner Malpractice is Confirmed

Possible actions include:

  • Cancellation of enrollment and forfeiture of fees
  • Revocation of Certificates of Completion
  • Permanent ban from the platform
  • Reporting to law enforcement or regulatory bodies where required

7.2 Where Organisational Maladministration is Confirmed

Possible actions include:

  • Correction of errors (certificate reissuance, record updates, access restoration)
  • Refund or course credit where appropriate
  • Internal process review and corrective improvements
  • Formal documentation of corrective actions

8. Appeals

Any party may appeal a decision within fourteen (14) calendar days.

Appeals must be submitted to:

Email: [email protected]
Subject: Malpractice Policy Appeal — [Reference Number]

Appeals will be reviewed by a senior staff member not involved in the original investigation. A written decision will be issued within 14 calendar days of receipt.

9. External Complaints

If unresolved internally, complaints may be escalated to external bodies including:

Nothing in this policy limits statutory rights under applicable US or New Jersey law.

10. Record Keeping

All malpractice and maladministration records will be securely retained for a minimum of five (5) years, in accordance with applicable legal and regulatory requirements.

11. Review

This policy is reviewed annually by the management of Skill Up LLC and updated as required to reflect changes in applicable US federal or New Jersey state law.

Policy Approved By: Senior Management, Skill Up LLC
Contact: [email protected]