The student says conflicting instructions led to her disputed exam disqualification.
A student’s battle with Business Skills Institute (BSI) has moved from the lecture room to the courtroom.
After being told she had passed her debt counselling exam, the college later nullified her results – claiming she broke exam rules.
Dispute centres on exam login instructions
Phina Ngwenya insists she followed instructions, pointing to a WhatsApp message from an assessor advising her to log in early.
The institution alleges that Ngwenya, from Springs in Ekurhuleni, logged in to the exam invigilation app before the starting time and failed to follow the instructions – an allegation she denied.
She shared a WhatsApp text from an assessor.
“All the best with your examination tomorrow. Remember to log in early and make sure everything is set up and working. Please do not leave it to the last minute,” the text read.
Student challenges disqualification decision
Ngwenya said she was shocked when she received a letter informing her that she has been disqualified and need to rewrite the exams.
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In a letter her lawyers recently sent to the institution, she demanded that her results be considered and her disqualification be reversed.
“Our client was at all material times a fully participating and compliant student who met all academic, administrative and financial obligations required to complete the course successfully,” said the lawyers.
“So, there is no lawful or factual basis upon which her eligibility or performance can be impugned.”
Lawyers cite legitimate expectation
The lawyers added the statement that was sent informing Ngwenya that she had passed her exams created a legitimate expectation that the matter was finalised and concluded in accordance with accepted academic and contractual praxis.
“Notwithstanding the above, and in an anomalous and wholly unjustified turn of events, on 17 December, you communicated to our client – without prior warning – that she was disqualified and she must pay a fee and retake the examination,” the lawyers said.
“This demand was purportedly based on the assertion that she logged into the examination portal at 7.51am, which was earlier than the start of the exams. This allegation is demonstrably disingenuous and untenable, particularly given that on 11 December, your institution expressly encouraged students, including our client, via WhatsApp, to log in earlier. Our client complied with this instruction in good faith.”
The lawyers demanded that the college issue a written apology and consider the previously issued statement that served as a confirmation that Ngwenya had passed her exams.
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College defends invigilation process
BSI chief executive Cindee Groenewald said the required invigilation and proctoring process were not activated by the student.
“As a result, BSI was unable to verify the identity of the candidate or confirm the integrity of the examination, which is a mandatory requirement for online assessments.
“All students, including Phina Ngwenya, were informed in advance of the examination rules, procedures and the requirement to use the prescribed proctoring system.”
The student was formally advised in writing of the reason for the disqualification of the exam result and informed of the option to retake the exam in line with the applicable rules and procedures, said Groenewald.
She said the matter was now subject to legal proceedings and has been referred to their legal representative.
“BSI will not engage further on the matter in the media until it has been legally resolved. BSI does not admit to any wrongdoing and the matter will be dealt with through the appropriate legal processes,” she said.
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