Section 69 - Founded - Fraud - Accessing assessment material in an appointment process

Authority

This investigation was conducted under section 69 of the Public Service Employment Act, S.C. 2003, c.22, ss. 12 and 13.

Issue

The purpose of the investigation was to determine whether a candidate committed fraud in an internal advertised appointment process by accessing assessment material. 

Conclusion

The investigation concluded that the candidate committed fraud in an internal advertised appointment process by accessing the assessment material to further their candidacy.

Facts

An internal appointment process was advertised to fill several positions in the same branch. As part of the process, candidates were required to complete a written exam. One candidate chose to write their exam in French and passed. 

In marking the candidate’s exam, the selection committee found that the answers were almost identical to the expected answers in the rating guide. Moreover, the candidate’s score was high compared to other candidates. Given the circumstances, the department submitted a request for investigation to the Public Service Commission of Canada.

The investigation determined that the candidate had access to the electronic folder for the process where the assessment tools were stored. The candidate accessed several documents in this folder, including the rating guide for the written exam, several times before writing the exam.

During the investigation, the candidate admitted they had accessed the assessment material. They assumed that the tests and all other documents related to the process would be saved beyond the reach of the candidates. They stated that the appointment process folder should not have been accessible to candidates, and that access should have been restricted. They believed that the documents they had consulted would simply help them prepare for the exam. However, they denied having any dishonest intent.

To conclude that fraud occurred in an appointment process pursuant to section 69 of the Public Service Employment Act, 2 essential elements of fraud must be met: dishonesty and deprivation or risk of deprivation.

The investigation demonstrated that, on the balance of probabilities, the candidate acted dishonestly when they accessed and used the assessment materials for the appointment process to complete the written test. The candidate should have known that using these documents would give them an advantage over other candidates and increase their chances of being appointed. As for the second element, the process could have been compromised if the candidate’s actions had not been detected and they had been appointed to the position. 

Corrective action

Following the conclusion of fraud, the Commission ordered that:

• for a period of 2 years, the public servant must notify the Commission before accepting any position or work in the federal public service
  • failure to do so will result in the revocation of their appointment
• the public servant must complete the Values and Ethics Foundations for Employees course, offered by the Canada School of Public Service, and then have a discussion with their director
  • failure to do so will result in the revocation of their appointment and the public servant will cease to be an employee of the public service

Investigation File No.: 22-23-09