INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297803, 28504, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"587\" height=\"268\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"637\" height=\"291\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(297841, 28507, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297842, 28507, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"637\" height=\"291\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(297843, 28507, 'MetaLink', 'content'),
(297844, 28507, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(297845, 28507, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"637\" height=\"291\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(297883, 28510, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(297884, 28510, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(297885, 28510, 'MetaLink', 'content'),
(297886, 28510, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297887, 28510, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(297925, 28513, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"707\" height=\"323\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297926, 28513, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(297927, 28513, 'MetaLink', 'content'),
(297928, 28513, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(297929, 28513, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"499\" height=\"228\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"707\" height=\"323\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(297967, 28516, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"376\" height=\"172\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(297968, 28516, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"707\" height=\"323\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(297970, 28516, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297971, 28516, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"707\" height=\"323\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"376\" height=\"172\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(298009, 28519, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"538\" height=\"246\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(298010, 28519, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"376\" height=\"172\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(298011, 28519, 'MetaLink', 'content'),
(298012, 28519, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(298013, 28519, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"376\" height=\"172\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"538\" height=\"246\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(298051, 28522, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"595\" height=\"272\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
(298052, 28522, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"538\" height=\"246\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(298054, 28522, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(298055, 28522, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"538\" height=\"246\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).|<p dir=\"LTR\" align=\"LEFT\">The recent headlines about fake degrees have caused shockwaves in the region. In this article we look at the phenomenon from a regional perspective, the legal issues and the ramifications.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Diploma Mill</h3>\r\n&nbsp;\r\n\r\n<img class=\"wp-image-8216 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"595\" height=\"272\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The concept is known as \"diploma mill\" or a \"degree mill\" and refers to a non-accredited company that declares itself as a higher educational institution and awards worthless degrees for a certain fee. In some cases, diploma mills may claim to give credits for \"relevant life experience\", whereas in other cases the victims of the scam may have to pass online exams and write term papers thereby creating an impression of real education. To strengthen their position, diploma mills closely cooperate with accreditation mills, set up for the purpose of providing an appearance of authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In some cases the student knows he is buying a fake degree and in others the student is an unwitting victim of a scam.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Catch me if you can</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015 the <em>New York Times</em> published a report exposing a global scam developed by company in Pakistan which had sold thousands of diplomas of non-existing universities through a complex web of 370 websites including school sites, fake accreditation bodies, recruitment agencies, language schools and even a law firm. Apparently the firm was generating millions of dollars every month.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among the more alarming revelations was that the company sold aeronautical degrees to airline employees, medical degrees to hospital workers, engineering degrees to site workers and law degrees to dropped out students.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to the report, more than 3,000 people in the Middle East hold degrees from bogus universities from this company.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">KSA</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In Saudi Arabia the sectors that appear to be most affected by fake degrees are healthcare and construction. According to the Saudi Commission for Health Specialties 3,755 forgery cases involving health practitioners were revealed, with 57 physicians being arrested and prosecuted. The Saudi Council of Engineers detected 2,294 fake engineering certificates held by individuals applying to work in the Kingdom.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Qatar</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">When the scandal broke out, the government reacted immediately by introducing new regulations, according to which graduates of foreign universities were required to obtain a letter from their institutions confirming specific details about their courses before receiving approval for a residence permit. Moreover, the companies were prohibited to hire people who have studied for all or part of their degrees online.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Kuwait</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The forged degrees scandal came only a few weeks after the government issued a new regulation requiring all engineers in Kuwait to be registered and certified by the Kuwait Engineering Society. Kuwaiti authorities decided to tackle the problem from several angles:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Kuwaiti Ministry of Foreign Affairs offices abroad have been warned not to approve any university degrees without coordinating first with the Kuwaiti National Accreditation Bureau;</li>\r\n 	<li dir=\"LTR\">the Health Minister has ordered the formation of a special committee to examine and validate university postgraduate degrees of Ministry of Health employees including both Kuwaiti and expat doctors, nurses, pharmacists, technicians and administrative staff members;</li>\r\n 	<li dir=\"LTR\">the Ministry of Higher Education has started collaboration with the Ministry of Interior to scrutinize suspect certificates;</li>\r\n 	<li dir=\"LTR\">parliamentarians have submitted draft legislation on how to combat this crime in a more effective way as well as proposals for legal action to be undertaken against wrongdoers (such as corrective measures against promotions or wage raises); and</li>\r\n 	<li dir=\"LTR\">criminal cases are moving towards trial against accused violator and some have already been convicted. Moreover, five people suspected of holding fake university degrees have been jailed pending investigation and trial and 45 others are under investigation.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">UAE</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The government introduced a preventive measure for potential victims of this fraud by publishing a list of genuine universities which provide online education, whose degrees are recognised and will be accredited in the UAE. The list can be found on Ministry of Education website, so every resident who wants to enroll for distance learning course can check his preferred university for authenticity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It has been reported that expats found to be using fake degrees will face a life ban from working in the UAE.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Worldwide</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of fake degrees is a global phenomenon. In the last few weeks a US Republican party candidate has admitted to posing with a fake diploma. In United Kingdom, the police had to re-examine 700 cases that a falsely credentialed police criminologist had worked on. In Australia police had to investigate a sophisticated Chinese forgery business charging thousands of dollars for fake degrees and diplomas from nearly 100 of Australia’s leading institutions.</p>\r\n&nbsp;\r\n<h2>\"Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Criminal law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The concept of issuing and using a fake degree constitutes a crime in every GCC jurisdiction. The type of crime and punishment, however, differs from country to country. In most cases the authorities rely on regulations related to fraud, forgery and misrepresentation when dealing with fake degrees.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">By way of example the punishment in KSA for forgery and misrepresentation in different cases will vary from fines in the range of SAR 300,000-700,000 and imprisonment for the period from one to seven years, followed by (in respect of non-nationals) deportation and a life ban from entering KSA. Whereas in the UAE the convicted shall be sentenced to up to ten years of imprisonment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of government employees the sanctions are generally more severe.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The novelty of this phenomenon, the diversity of its variations and wide range of consequences means that the authorities are now looking at putting in place specific laws (or sections of laws) that deal with fake degrees (as opposed to fraud/forgery/misrepresentation generally).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The general principle in criminal law is that the accused must have had intent to commit a crime. Therefore those unwitting students who were victims of a scam may not face criminal sanction; obviously the court would consider whether a person in the accused’s position, using reasonable judgement, would have considered the university to be genuine.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Employment law considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Background checks</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a risk management point of view an employer should carry out background checks prior to commencement of employment in order to establish the candidate’s academic credentials. This is not as easy as it might sound; in many cases employers outsource this task to a specialist company. Some employers would do this as part of a wider background check in relation to criminal records etc. It goes without saying that where the employer is an educational institution itself then this is an area of huge potential risk and deserves the commensurate focus.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is also possible to check the authenticity of credentials by contacting the Commission for Academic Accreditation and/or Ministry of Education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards existing employees, the employer may consider background checking employees in sensitive positions to ensure they hold the necessary accreditation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The <em>New York Times</em> has published a list of bogus universities and it is not difficult to search for ‘graduates’ of such universities via social media, so an employer could quickly establish if any of its existing employees fall into this category.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vicarious liability</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Employers are in a high risk group when it comes to damages indirectly caused by fake degrees. The concept of vicarious liability is one that can make an employer liable for the actions of an employee carried out in the course of their employment.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Termination</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Offers of employment are generally conditional upon verification of academic references, failing which the offer is withdrawn. Where the employee is already in the job for some time and it becomes apparent that his degree is fake then the employer could terminate him for gross misconduct. In all the GCC countries there is a provision in the labour law to this effect. That termination would be without notice and without end of service gratuity.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The employee would be entitled to due process; i.e. he would be entitled to state his defence to the allegation. He may be able to prove that he was an innocent victim in which case the employer would have to decide the appropriate action to take. In some cases it will be irrelevant whether the employee was an unwitting victim or not; i.e. his position absolutely requires him to hold a degree/diploma- e.g. doctor, nurse, engineer etc. In other cases the degree may have been preferable but not mandatory - e.g. sales manager - in which case the employer may decide to retain him as he has performed the job well over the years.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In all gross misconduct terminations legal advice should be sought as there may be other factors to consider (was the degree the primary documentation relied on by the employer? Did the employer become informally aware of the fake degree previously? etc).</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Children of Tomorrow</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Children of Tomorrow is a project launched by Al Tamimi and aimed at raising awareness of child rights at every school in the UAE- public and private.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We have prepared a video - in both Arabic and English - for distribution to all schools and which provides practical advice in relation to the topic of child safety including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the legal consequences if a child is harmed or if a minor commits a crime;</li>\r\n 	<li dir=\"LTR\">what should teachers/staff do if they find signs of abuse, a state of emergency or medical condition;</li>\r\n 	<li dir=\"LTR\">reporting generally;</li>\r\n 	<li dir=\"LTR\">handling situations where a child accesses inappropriate materials shared on WhatsApp/internet etc.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The video will be launched in October and will be followed up with a number of seminars where teachers/schools/stakeholders can ask questions in person.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If you would like to find out more about this initiative please email us at <a href=\"mailto:a.ponomarova@tamimi.com\">a.ponomarova@tamimi.com</a>.</p>\r\nWith thanks to the authorities and schools who have given us tremendous support with this initiative.\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The fake degree story has just begun and it has a long way to go before its full effects are felt. Employers and regulators are on red alert and need to remain vigilant. Background checking of employees in sensitive positions who are required to hold academic qualifications is an absolute must and failure to do so could lead to the employer being vicariously liable for damage done by that employee as well as obvious reputational harm to the company.</p>\r\n&nbsp;\r\n\r\nAl Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/sectors/education/\">Education team</a> supports education providers on all legal aspects of their operations. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).'),
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(298165, 28533, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
(298166, 28533, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"size-full wp-image-8215 aligncenter\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/4.jpg\" alt=\"\" width=\"752\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
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