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(297413, 28475, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The General Data Protection Regulations (\"GDPR\") came into effect on 25 May 2018. The <a href=\"https://www.tamimi.com/law-update-articles/gdpr-a-plain-english-guide-to-the-implications-for-middle-east-marketing-activities/\">GDPR</a>, which replaced the EU’s Data Protection Directive of 1995, represents a significant expansion of personal privacy rights for EU residents.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The politically challenging task of escalating privacy protection from a directive to a binding regulation began in 2009 and involved protracted negotiations among the European Commission (the EU executive body) and its two legislative chambers, the Council of the European Union and the European Parliament. This was partially motivated by the desire for uniform protections for all EU residents and partially necessitated by the needs of regulated entities for consistent compliance requirements across the EU.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why should Middle East institutions pay attention to GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft  wp-image-8219\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/8.jpg\" alt=\"\" width=\"482\" height=\"369\" />It is widely known that the GDPR has more enforceable legal status in comparison to the previous Data Protection Directive, and it is also substantively more robust in a number of significant ways. The most notable of these for entities located in the Middle East is that, unlike the Data Protection Directive (which mandated compliance by entities with a physical EU presence, such as a processing center or even a server), the GDPR’s coverage extends to entities with no physical EU footprint if they process personal data of EU data subjects residing in the EU. This limited extraterritoriality, while a significant expansion of the reach of EU law to entities outside the EU, does not attach to EU citizens abroad. As such, a Middle East entity involved in a data transaction with an EU resident in the Middle East, for instance, would not be subject to the GDPR; the same entity engaging in significant and intentional cyber-transactions with EU residents would be.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why education providers should pay attention to the GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Middle East-based Education institutions newly affected by the extraterritorial reach of GDPR are those that target distance education programmes to EU residents who are physically located in one of the member states. Such programmes were not initially subject to EU privacy law under the Data Protection Directive if they did not have infrastructure within the EU, but are now covered under the GDPR, even if they have no physical presence within the EU. However, Article 3 of the GDPR suggests that incidental transactions, such as the mere availability of goods or services via a website, are not automatic grounds for subjecting non-EU entities to the GDPR.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the face of it, it is tempting to believe that Education institutions that enrol EU residents in the Middle East are entirely exempt from compliance with the GDPR. This would certainly be true for EU residents who initiate their admission application process from outside the EU. In the case where EU applicants start the admissions process from their home countries and obtain visas to enter the Middle East after gaining admission to eligible programmes, the GDPR will apply and such institutions would need to demonstrate compliance. In essence, active student recruitment campaigns targeting EU residents could subject the data collected from such students, whether via automated or non-automated means, to compliance requirements under the GDPR. It may take a few years for a more precise understanding of how the GDPR will be further defined, interpreted, and enforced by the EU and national data protection authorities of its member states. At such early stage, it is probably unlikely that the most expansive interpretation of the regulation’s extraterritorial application would be immediately enforced against non-EU entities. It is clear however that institutions with significant engagement with the EU, either in the form of physical presence or of distance-delivered services, should take immediate steps to ensure compliance with the GDPR.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Whose data does GDPR protect?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Personal data of all living individuals physically within the EU (\"EU data subjects\") are covered by the GDPR. The regulation makes no distinctions based on individual’s permanent places of residence or nationality. The GDPR applies to all such individual’s personal data, defined as any information that can be used to, directly or indirectly, identify a person. These include not only such obvious information as educational, financial, employment-related, and health data, but also photographs, personal phone numbers, and IP addresses.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">How should the education sector prepare for GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education providers in the Middle East should consider a number of action points as part of their GDPR compliance preparations as follows:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Data Review</strong>: A comprehensive review should be undertaken to determine (i) what personal data is currently held, (ii) how that data was acquired, and (iii) for what purpose it was acquired. Education providers should consider whether they have obtained and hold such personal data in accordance with the requirements of GDPR. If they have not, such data should be deleted, or consideration should be given as to how its continued storage / use may be rendered GDPR-compliant.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Privacy policies</strong>: privacy policies are a key element of the new regime. Education providers should review their existing privacy policies, and make all amendments necessary to bring them into line with the GDPR’s requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Consent</strong>: this is unlikely to be the most appropriate lawful basis for the processing of personal data by Education providers going forward. The GDPR requires that consent must be able to be withdrawn as easily as it is given and processing must immediately stop. Clearly, this is not practical given Education providers’ obligations to protect the safety and welfare of their students. Education establishments will need to look to other bases provided in the GDPR to ensure that their processing activities are lawful. This is a more complex legal question, and will be based on a case-by-case basis, the operation of the education provider in relation to the data.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Consent must be given for the processing or flow of personal data to third-parties, so in order to become GDPR compliant, education providers must be aware of where various pieces of data are going and why.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Data Security and Third-Party Agreements</strong>: a comprehensive, written information security programme should be developed and implemented to protect the security, confidentiality and integrity of personal data held. A review of arrangements with all third-parties engaged to handle, store or otherwise process personal data collected and/or stored by the institution should be undertaken. The GDPR requires all data controllers to have binding contracts with the parties that process data on their behalf. For education providers, it is important that all current service level agreements and other contracts with third-party suppliers are carefully reviewed and amended to ensure they are GDPR-compliant.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Supervisory authorities and penalties</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Under the GDPR, EU member states have to designate qualified supervisory authorities with specified oversight, investigatory, and enforcement powers to implement its requirements . These authorities will oversee compliance, provide consultation and prior approvals, and receive and administratively adjudicate complaints against controllers and processors. They can also impose fines of up to two percent of the global revenues for certain penalties, and up to four percent of such revenues for more serious ones.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Just as important as the supervisory authorities’ power to impose penalties is the consultative role they are assigned in reviewing mandatory data protection impact assessments that data controllers and processors must regularly perform in connection with high-risk processing activities prior to implementing them.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The GDPR took years to be adopted, and it may be safe to assume that it will take years before its real impact and practical compliance requirements become fully settled.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Education providers in the Middle East with EU-based operations and those with significant numbers of EU residents as students — particularly those delivering distance education programmes to such students within the EU — should start to map out a strategy of implementing GDPR-compliant practices now.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><img class=\"aligncenter  wp-image-8220\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/9.jpg\" alt=\"\" width=\"944\" height=\"160\" /></p>|<p dir=\"LTR\" align=\"LEFT\">The General Data Protection Regulations (\"GDPR\") came into effect on 25 May 2018. The <a href=\"https://www.tamimi.com/law-update-articles/gdpr-a-plain-english-guide-to-the-implications-for-middle-east-marketing-activities/\">GDPR</a>, which replaced the EU’s Data Protection Directive of 1995, represents a significant expansion of personal privacy rights for EU residents.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The politically challenging task of escalating privacy protection from a directive to a binding regulation began in 2009 and involved protracted negotiations among the European Commission (the EU executive body) and its two legislative chambers, the Council of the European Union and the European Parliament. This was partially motivated by the desire for uniform protections for all EU residents and partially necessitated by the needs of regulated entities for consistent compliance requirements across the EU.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why should Middle East institutions pay attention to GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8219 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/8.jpg\" alt=\"\" width=\"482\" height=\"369\" /> It is widely known that the GDPR has more enforceable legal status in comparison to the previous Data Protection Directive, and it is also substantively more robust in a number of significant ways. The most notable of these for entities located in the Middle East is that, unlike the Data Protection Directive (which mandated compliance by entities with a physical EU presence, such as a processing center or even a server), the GDPR’s coverage extends to entities with no physical EU footprint if they process personal data of EU data subjects residing in the EU. This limited extraterritoriality, while a significant expansion of the reach of EU law to entities outside the EU, does not attach to EU citizens abroad. As such, a Middle East entity involved in a data transaction with an EU resident in the Middle East, for instance, would not be subject to the GDPR; the same entity engaging in significant and intentional cyber-transactions with EU residents would be.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why education providers should pay attention to the GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Middle East-based Education institutions newly affected by the extraterritorial reach of GDPR are those that target distance education programmes to EU residents who are physically located in one of the member states. Such programmes were not initially subject to EU privacy law under the Data Protection Directive if they did not have infrastructure within the EU, but are now covered under the GDPR, even if they have no physical presence within the EU. However, Article 3 of the GDPR suggests that incidental transactions, such as the mere availability of goods or services via a website, are not automatic grounds for subjecting non-EU entities to the GDPR.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the face of it, it is tempting to believe that Education institutions that enrol EU residents in the Middle East are entirely exempt from compliance with the GDPR. This would certainly be true for EU residents who initiate their admission application process from outside the EU. In the case where EU applicants start the admissions process from their home countries and obtain visas to enter the Middle East after gaining admission to eligible programmes, the GDPR will apply and such institutions would need to demonstrate compliance. In essence, active student recruitment campaigns targeting EU residents could subject the data collected from such students, whether via automated or non-automated means, to compliance requirements under the GDPR. It may take a few years for a more precise understanding of how the GDPR will be further defined, interpreted, and enforced by the EU and national data protection authorities of its member states. At such early stage, it is probably unlikely that the most expansive interpretation of the regulation’s extraterritorial application would be immediately enforced against non-EU entities. It is clear however that institutions with significant engagement with the EU, either in the form of physical presence or of distance-delivered services, should take immediate steps to ensure compliance with the GDPR.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Whose data does GDPR protect?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Personal data of all living individuals physically within the EU (\"EU data subjects\") are covered by the GDPR. The regulation makes no distinctions based on individual’s permanent places of residence or nationality. The GDPR applies to all such individual’s personal data, defined as any information that can be used to, directly or indirectly, identify a person. These include not only such obvious information as educational, financial, employment-related, and health data, but also photographs, personal phone numbers, and IP addresses.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">How should the education sector prepare for GDPR?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education providers in the Middle East should consider a number of action points as part of their GDPR compliance preparations as follows:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Data Review</strong>: A comprehensive review should be undertaken to determine (i) what personal data is currently held, (ii) how that data was acquired, and (iii) for what purpose it was acquired. Education providers should consider whether they have obtained and hold such personal data in accordance with the requirements of GDPR. If they have not, such data should be deleted, or consideration should be given as to how its continued storage / use may be rendered GDPR-compliant.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Privacy policies</strong>: privacy policies are a key element of the new regime. Education providers should review their existing privacy policies, and make all amendments necessary to bring them into line with the GDPR’s requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Consent</strong>: this is unlikely to be the most appropriate lawful basis for the processing of personal data by Education providers going forward. The GDPR requires that consent must be able to be withdrawn as easily as it is given and processing must immediately stop. Clearly, this is not practical given Education providers’ obligations to protect the safety and welfare of their students. Education establishments will need to look to other bases provided in the GDPR to ensure that their processing activities are lawful. This is a more complex legal question, and will be based on a case-by-case basis, the operation of the education provider in relation to the data.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Consent must be given for the processing or flow of personal data to third-parties, so in order to become GDPR compliant, education providers must be aware of where various pieces of data are going and why.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Data Security and Third-Party Agreements</strong>: a comprehensive, written information security programme should be developed and implemented to protect the security, confidentiality and integrity of personal data held. A review of arrangements with all third-parties engaged to handle, store or otherwise process personal data collected and/or stored by the institution should be undertaken. The GDPR requires all data controllers to have binding contracts with the parties that process data on their behalf. For education providers, it is important that all current service level agreements and other contracts with third-party suppliers are carefully reviewed and amended to ensure they are GDPR-compliant.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Supervisory authorities and penalties</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Under the GDPR, EU member states have to designate qualified supervisory authorities with specified oversight, investigatory, and enforcement powers to implement its requirements . These authorities will oversee compliance, provide consultation and prior approvals, and receive and administratively adjudicate complaints against controllers and processors. They can also impose fines of up to two percent of the global revenues for certain penalties, and up to four percent of such revenues for more serious ones.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Just as important as the supervisory authorities’ power to impose penalties is the consultative role they are assigned in reviewing mandatory data protection impact assessments that data controllers and processors must regularly perform in connection with high-risk processing activities prior to implementing them.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The GDPR took years to be adopted, and it may be safe to assume that it will take years before its real impact and practical compliance requirements become fully settled.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Education providers in the Middle East with EU-based operations and those with significant numbers of EU residents as students — particularly those delivering distance education programmes to such students within the EU — should start to map out a strategy of implementing GDPR-compliant practices now.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><img class=\"aligncenter wp-image-8220\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/9.jpg\" alt=\"\" width=\"944\" height=\"160\" /></p>'),
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(297451, 28478, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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;<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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>).'),
(297452, 28478, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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>).'),
(297453, 28478, 'MetaLink', 'content'),
(297454, 28478, '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
(297455, 28478, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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;<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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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(297517, 28483, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright size-full wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"691\" height=\"316\" />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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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
(297518, 28483, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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;<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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>).'),
(297519, 28483, 'MetaLink', 'content'),
(297520, 28483, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(297521, 28483, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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;<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"584\" height=\"267\" />\r\n&nbsp;<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\"><img class=\"alignright size-full wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"691\" height=\"316\" />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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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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(297631, 28492, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"475\" height=\"217\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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>).'),
(297632, 28492, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright size-full wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"691\" height=\"316\" />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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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>).'),
(297633, 28492, 'MetaLink', 'content'),
(297634, 28492, '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
(297635, 28492, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright size-full wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"691\" height=\"316\" />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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"475\" height=\"217\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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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(297673, 28495, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"587\" height=\"268\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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
(297674, 28495, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"475\" height=\"217\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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>).'),
(297675, 28495, 'MetaLink', 'content'),
(297676, 28495, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(297677, 28495, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"475\" height=\"217\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"587\" height=\"268\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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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(297715, 28498, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<img class=\"alignright  wp-image-8216\" 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 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>).'),
(297716, 28498, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"587\" height=\"268\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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>).'),
(297717, 28498, 'MetaLink', 'content'),
(297718, 28498, '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
(297719, 28498, '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<img class=\"alignright  wp-image-8216\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/5.jpg\" alt=\"\" width=\"587\" height=\"268\" />\r\n\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy. 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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<img class=\"alignright  wp-image-8216\" 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 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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(297757, 28501, '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=\"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>).');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(297758, 28501, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<img class=\"alignright  wp-image-8216\" 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 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>).'),
(297759, 28501, 'MetaLink', 'content'),
(297760, 28501, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit'),
(297761, 28501, '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<p dir=\"LTR\" align=\"LEFT\">The phenomenon of fake diplomas production dates back to Middle Ages in France and Italy.</p>\r\n<img class=\"alignright  wp-image-8216\" 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 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=\"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>).'),
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(297799, 28504, '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=\"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>).'),
(297800, 28504, '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=\"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>).'),
(297801, 28504, 'MetaLink', 'content'),
(297802, 28504, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8195&amp;action=edit');
