Two IRATA member companies and their IRATA committee representative (Main Respondent but together referred to as Respondents) misused IRATA intellectual property for their own financial gain thereby breaching trust, confidentiality, relevant codes of conduct and IRATA policy. The Respondents used current exam questions, identical to those used and created by IRATA, in their own website mock-exam software which was accessible on their website for a fee.
Despite clear evidence to support the allegations, the Respondents denied any wrongdoing and defended their actions throughout the case; and to the severity of the allegations, the case was overseen by IRATA’s legal representatives. The adjudicating Executive Panel determined as follows:
“After reviewing and deliberating the evidence and defence statements presented by the Respondents it was determined that the evidence presented was sufficient to prove that the Respondents did in fact misuse IRATA’s intellectual property for their financial and commercial gain. This is a clear breach of the IRATA Bye laws clause 8.2; the Non-Disclosure Agreement signed by the Main Respondent; and the Codes of Conduct required for the Respondents’ roles held within IRATA.
Moreover, considering the Main Respondent’s authoritative position of trust for his roles within IRATA and due to the Respondents failure to acknowledge the seriousness of their conduct, thereby refuting the allegations despite clear evidence to the contrary, in accordance with the IRATA Standard Penalties the Board determined that, with immediate effect, the Main Respondent shall cease to continue in all roles performed on behalf of IRATA.
The Board further determined that the two member companies membership with IRATA shall be withdrawn for a period of 12 months. The application of this sanction shall be suspended for a period of 12 months from the notification of this sanction, subject to the conduct of the Respondents throughout this period.”
Representatives of IRATA International are expected to conduct themselves in accordance with the written rules and spirit of the written rules; and owe a duty of trust to the Association. Failure to adhere to these requirements represents a disservice to all those who work hard to positively contribute to the furtherance of IRATA International.