Disclaimer: I do not own Harry Potter, nor any of the characters from JK Rowling's fantastic books or films, I'm just borrowing and playing with them for a little while and get no monetary reward for doing so.
A/N: Thank you as always to Mamacita for her beta skills. To be honest, I have absolutely no idea where this came from! Dx
'Are you aware of why you have been summoned here today, Mr Malfoy?' The stern-looking witch seated across the table gazed at him piercingly over the top of her spectacles.
Lucius shrugged unconcernedly and stared back, not at all fazed by the older woman. 'I have absolutely no idea, Madam Marchbanks although I assume it has something to do with the N.E.W.T. examinations.'
The wizard sitting next to Madam Marchbanks frowned unhappily at Lucius' blasé response and clicked his tongue in disapproval. Madam Marchbanks, too, looked unhappy at the blond man's apparent lack of concern.
Instead of her answering him, the wizard spoke instead. 'It is indeed, Mr Malfoy, and in particular with regard to your divergence from the accepted examination standards. As you are aware, there is a strict set of criteria by which the N.E.W.T.s are tested.'
Lucius, still looking supremely unconcerned, gave a small smile. 'I am aware of the criteria, Mr Wimple, and I do not believe I did anything outside of their constraints.'
'There is a sufficiently wide range of set spells, Mr Malfoy, as I know you are aware because you managed to successfully examine ninety-nine percent of your given students with them. The cause for concern is with regard to your final examinee and the spells used in her examination. These were not the set spells, nor were they suitable for the N.E.W.T. examination. That you gave the student in question an Outstanding mark, a rare feat indeed at N.E.W.T. level puts the entire examination under scrutiny and makes the Wizarding Examinations Authority question why you deviated from the criteria in this particular instance.'
Lucius regarded the witch and wizard in front of him for a few seconds before responding. His voice was mellifluous, his smile wider now. 'Why are you concerned about the spells performed? I would have said some of them were considerably above N.E.W.T. level and they were performed perfectly, hence the Outstanding grade.'
Mr Wimple, looking annoyed, said testily, 'The quality or strength of the spells isn't under discussion here, Mr Malfoy. It is why you chose to deviate from the accepted criteria that we are here to ascertain.'
Lucius shrugged again. 'The criteria aren't set in stone, and I did nothing illegal. The examination was conducted under the correct conditions and the required number of spells were provided by the student within the appropriate timescale. The spells used fully met the standards required for N.E.W.T. level. I really don't understand the problem here.'
Madam Marchbanks glanced at a piece of parchment on the table in front of her, then stared back at Lucius. 'Perhaps you could explain what your examination was testing, Mr Malfoy. After all, the spells used were rather diverse and not really relevant to the subject being examined.'
'Do you not think so?' Lucius asked, his voice even smoother now if that was possible. He leant forward in his chair a little, showing that he was rather more interested in the discussion now than he had been before. 'The subject was Defence Against the Dark Arts, which is, with the best will in the world, somewhat obsolete now considering Mr Potter's triumph over Lord Voldemort. However, spells can be used to defend against other things, one of which was tested in this particular examination. After all, if you aren't really serious about preparing the students for what may lie ahead of them in the real world, you may just as well not bother to test them at all, or use dear Dolores's suggested method of making the exams theoretical only.'
'Whatever your personal feelings on the examinations, there is still a set criterion to be followed,' Mr Wimple replied angrily. 'You can't just go around changing things for the hell of it.'
Lucius laughed. 'You obviously misunderstand what I am saying. The criteria used by the W.E.A. in the examinations are not set in stone. I know this because I checked it out thoroughly to see what could and couldn't be included. I merely made Miss Granger's exam more realistic and in line with what she could logically expect to encounter in her day-to-day life rather than the fictional and, if I may say so, extremely unlikely attacks that the set criteria espouses. Surely it is preferable for our students to be able to protect themselves from very real danger rather than from some hypothetical and highly unlikely attack, isn't it?'
Mr Wimple's lips pinched together unhappily as he glared at Lucius. 'It is not your place, Mr Malfoy, to second-guess what the Wizarding Examinations Authority feels should or should not be tested. The whole point of the examination is to prove that the examinees can successfully defend themselves against a diverse range of attacks in a controlled manner, albeit in a fictionalised setting, and this was not achieved in Miss Granger's case. There appears to be no logical reason for her to have used any of the spells she used, with perhaps the exception of the Protego spell, and it is unclear exactly what you were trying to achieve within this examination.'
'Really?' Lucius sat back in his chair as he relaxed once more, and his eyes glinted with amusement. 'Can you really not work out what I was trying to achieve by the spells that were cast?' He looked at the old witch opposite him for a moment with slight distaste, then added, 'Perhaps you should try putting yourself in Miss Granger's shoes and work through what she did. I'm sure that would give you a clue.' He continued to stare at her for a moment, then asked mildly, 'Has Miss Granger made a complaint about her exam?'
Madam Marchbanks gave a brief shake of her head. Mr Wimple was still frowning as he picked up his copy of the parchment and scanned it rapidly, his mouth moving silently as he read the list of spells used by Hermione Granger during her examination. Eventually, he looked again at Lucius.
'There has been no complaint from the examinee in question,' he admitted stiffly. 'Although that is hardly likely, is it, considering the mark you gave her? This meeting has been convened by the Wizarding Examinations Authority to establish why you diverged from accepted practice before we decide whether to rescind Miss Granger's mark and submit her for re-test with a different examiner. So explain yourself, Mr Malfoy. Tell us what exactly the scenario within your examination was.'
Lucius stared at the man for a moment. 'But surely you must have some idea, Mr Wimple. After all, you must have worked through the spells Miss Granger used to establish that she performed adequately, and you must be aware that she has no need of a re-test as she is more than proficient in defending against anything that may come her way. Do you really need me to tell you what Miss Granger was defending herself against? The spells themselves give that away, surely?'
Mr Wimple gave a small, cold smile, whilst the witch remained silent, staring intently at Lucius. 'Indulge us for a moment, Mr Malfoy,' Mr Wimple said. 'Assume that you are dealing with someone outside of the Wizarding Examinations Authority who wishes to understand better what scenario you enacted with Miss Granger.'
Lucius rolled his eyes for a moment, making clear his feeling that the whole thing was a waste of time, but then said, 'Well, surely everything Miss Granger did in retaliation points towards the fact that I was trying to sexually assault her.' His voice was suddenly much darker than before.
Mr Wimple's frown grew deeper at Lucius words but the witch, unable to keep silent at Lucius' revelation, erupted in anger.
'Sexual assault — you were trying to sexually assault the examinee? You're a disgusting excuse for a wizard, Lucius Malfoy! You should be removed from the panel of examiners immediately. No — better still, you should be arrested for what you have done and sent to Azkaban! I've never heard anything like it.'
Mr Wimple, although also shocked at Lucius' confession, was determined to restore some calm to the proceedings, aware that perhaps things weren't quite as clear-cut as they seemed, especially considering that the examinee hadn't made a complaint about Lucius even though his behaviour towards her had clearly been completely unacceptable.
He asked more cautiously, 'Perhaps I may ask why Mr Malfoy. Why did you choose to use this particular form of attack on Miss Granger?'
Lucius considered this question for a moment before responding. 'Why on earth do you think?' He gave a small smirk as he saw the witch look daggers at him once again, her hatred for him compounded by his uncaring and unrepentant attitude. The wizard shifted unhappily in his seat before Lucius added, 'Miss Granger is a very attractive young woman. As I told you previously, the likelihood of her being attacked by a Dementor or other such creature is pretty unlikely these days, and anyway, she has already faced up to plenty of situations at least as dangerous during her time at school due to her close association with Harry Potter. It is far more likely that the lovely Miss Granger would be confronted by a rapist than an Inferi, so I was merely testing her on her ability to protect herself should that unfortunate circumstance arise. And she passed with flying colours — she was outstanding, as I then duly marked her.'
'But why did you choose that particular way of testing her?' Madam Marchbanks asked angrily. 'Whilst you may feel she had already, in her outside life, more than shown her proficiency at Defence Against the Dark Arts, surely there was no need for your attack to be so — so repugnant.'
Lucius shrugged, the knowing smile still firmly on his face. 'Unfortunately, Madam Marchbanks, sexual assault is all too common even within the wizarding world, whether you wish to acknowledge it or not. Knowing Miss Granger as I do, I was confident that she would rise to the challenge magnificently — and she didn't disappoint in any way. As you have admitted, she hasn't made a complaint about my examination of her, and I know for a fact that whilst the spells Miss Granger demonstrated were not all contained within the W.E.A.'s set criteria list, they did meet the level required for the N.E.W.T. and therefore there should be no reason for her result to be rescinded. Remove me from the panel of examiners, by all means, if it makes you feel better, but don't penalise Miss Granger for your petty-minded decision to adhere strictly to rules that aren't even legally enforceable.'
'You say you were confident that Miss Granger would have no trouble fending off your attack, but what if she hadn't been able to do so, Mr Malfoy? What would have happened to her if she hadn't been quite as adept at the spells as she was?' Madam Marchbanks asked, her voice icy now. 'And we are talking here of spells that, I would like to remind you, aren't taught as part of the official N.E.W.T. course for Defence Against the Dark Arts, which is what we are supposed to be testing for, hence the set criteria.'
For the first time since the interview had started Lucius began to show his annoyance. The smile was now gone from his face, replaced by a scowl. 'That was unlikely to be a consideration. As I told you, I am well aware of Miss Granger's abilities and knew she was perfectly capable of repelling any and all advances made towards her.'
'But if she hadn't, Mr Malfoy?' Madam Marchbanks insisted, determined to get a response from him. 'What then? What would have happened to Miss Granger?'
'It wasn't an issue,' Lucius insisted, his voice a deep growl that warned that continuing would see him lose his temper.
'But—'
Mr Wimple put his hand on Madam Marchbanks' arm and shook his head gently. 'Please, Griselda, let's not go any further down that route. Mr Malfoy has told us that he was certain Miss Granger could cope with his examination of her, and from her marks, he was obviously correct.'
The witch looked at him angrily, too, but didn't say anything. He turned back to Lucius who, it appeared, had calmed down a little.
'But this doesn't mean what you did was correct, Mr Malfoy. As Madam Marchbanks has pointed out, the intention of the examination is to test what is learnt during the study of Defence Against the Dark Arts, not merely to establish that the examinee is capable of casting spells proficiently. Whether or not you believe the subject to be valid in the current climate is of no concern to the Wizarding Examinations Authority. You were wrong to initiate an alternative examination, regardless of whether or not the spells used fall under the rules. Your selfish actions have put Miss Granger's N.E.W.T. in jeopardy and will gain you exclusion from any future examiners panels.'
'What is the point of making Miss Granger re-sit her practical exam?' Lucius asked fairly. 'I assume she got top marks in her written paper, and with the test I gave her she has proved she is far and away better than would be required to gain Outstanding under your examination. It seems pointless to put her through it again just so she can satisfy your rules, especially when they haven't even been broken.
'As for my participation in future examination panels, I have to admit that exclusion doesn't really bother me, but I do think the W.E.A. needs to look at revising both the study of Defence Against the Dark Arts and the scope of how the exams are conducted to ensure that they are fit for purpose in this new world. I understand that we shouldn't forget about teaching about how to defeat Dark forces, as there is always the possibility a Dark wizard could rise in the future and use such creatures as Lord Voldemort did, but there are so many other potential real-life situations that our children should be ready to face by the time they leave school. I can assure you that if it comes to it, they aren't going to use the approved defensive spells they learnt in lessons; they will use whatever spell they can remember first.'
'What I don't understand is why you changed the examination for Miss Granger but not for any of the other students,' Mr Wimple said. 'Why her and not everyone else?'
Lucius sighed. 'As I told you previously, Miss Granger has already faced more than enough challenges of the sort tested in the Defence Against the Dark Arts exam during her time aiding Harry Potter against Lord Voldemort. The others in her class have fortunately not had to undergo that experience, therefore she is the only one who could have been tested in this way. Had Harry Potter, Ronald Weasley, and maybe even Neville Longbottom and my own son returned to school to take the exam, I would have tested them in the same way rather than via the standard scenarios as they, too, are well in advance of what is being taught in N.E.W.T. lessons.'
'You're saying you would have attempted to sexually abuse them, too, are you?' Madam Marchbanks asked, her face showing more than a healthy amount of scepticism mixed with disgust. 'Do you really expect us to believe that?'
Lucius shook his head as he stared patronisingly at the witch who was really beginning to try his patience now. 'Of course I wouldn't have chosen that particular scenario for any of the names I just mentioned. The whole point of the examination is to test that the student is able to prevail under pressure, so the scenario would be tailored to each individual . . . although to be honest I'm not even sure what I would be able to make Mr Potter face that would in any way faze him after what he has already been through in his life. But as a beautiful woman, Miss Granger's scenario was perfectly plausible; and as I said, she coped with it admirably.' Madam Marchbanks snorted in disgust and Lucius added icily, 'I don't really understand your problem, Madam Marchbanks. You've already told me Miss Granger has made no complaint about her examination, which means she had no problem with the scenario I gave her, and therefore neither should you. I would have thought you would be pleased to know that at least one young woman has no worries about any man taking advantage of her sexually unless she wants them to. I know I certainly consider that a positive.'
'You should never have put her in that position in the first place,' Madam Marchbanks snapped coldly. 'Regardless of your explanations, sexual assault should not have been used as an examination scenario, nor should you be allowed anywhere near any students in the future. Personally, I still think you should be sent to Azkaban for what you did.'
Lucius looked at her, his face fierce. 'I have no desire to discuss this with you any longer, Madam Marchbanks. I can assure you that Miss Granger was never in any danger from me until I'm blue in the face but you won't believe me. Perhaps you should speak to her and ask her how she feels about what happened when you're explaining to her why her perfect defence isn't going to be good enough to get her the top-class N.E.W.T. she so obviously deserves. And as I have already told you, I am perfectly happy to step down as an examiner. Finally, and unfortunately for you, I will not be going to Azkaban because I have not done anything wrong and there is no complaint to be made against me.'
There was silence for a moment as Madam Marchbanks realised there was no point in saying anything further. Lucius had also finished saying his piece. Mr Wimple looked first at Madam Marchbanks and then at Lucius.
'I accept your point about Miss Granger and her friends being rather more advanced at Defence Against the Dark Arts than the other students, Mr Malfoy, although I do feel you could have found a slightly less controversial scenario than the one you used. For this reason, I shall recommend to the Wizarding Examinations Authority that you be suspended from the panel of examiners for five years, after which time we will review the situation should you decide that you wish to continue as an examiner.
'I shall review the regulations regarding the use of spells not specifically taught within Defence Against the Dark Arts lessons to see if those used by Miss Granger can indeed be included and if, since you have suggested this is the case, her N.E.W.T. grade will remain unaffected and she will receive the Outstanding mark you awarded her. If, however, I discover that the spells are unable to be included, I will recommend to the Wizarding Examinations Authority that Miss Granger re-take her practical examination with another examiner so she isn't disadvantaged by your maverick decision. I trust that you, Mr Malfoy, and you, Madam Marchbanks, are both agreeable to my suggestion.'
Lucius watched as Madam Marchbanks, still looking unhappy but unable to find anything to criticise in the summation, nodded her head slowly in agreement.
'Thank you, Mr Wimple, for seeing sense about Miss Granger's N.E.W.T.,' Lucius said. 'It honestly never occurred to me that there would be so much fuss.' He glanced at Madam Marchbanks with his eyebrows raised slightly as he said this. 'But I think it would be better for everyone if you were to follow Madam Marchbanks' suggestion and instruct the W.E.A. to remove me from the panel of examiners completely. I don't believe you will feel confident about my ability to perform to the standards you expect, and I won't feel comfortable knowing that my every move is being watched and analysed.'
Mr Wimple looked a little disappointed but nodded. 'If you think that is for the best, Mr Malfoy, then I will go with your—' He broke off to glance at Madam Marchbanks, who was looking far happier than she had. 'Erm . . . Madam Marchbanks' suggestion.'
'Is that everything?' Lucius asked briskly. Now this stupid inquiry was over, he was eager to leave as quickly as possible.
'Yes, of course. Thank you for coming in, Mr Malfoy,' Mr Wimple said.
Lucius stood up. 'Thank you, Mr Wimple, Madam Marchbanks. I'm sure I'll see you around.'
With that parting remark, he headed for the door, breathing a sigh of relief and a quick prayer of thanks to Merlin that old Wimple had been more malleable than he had expected.
Hermione had been incredibly unhappy with him when she had discovered that his actions were possibly going to cost her the N.E.W.T. she had worked so hard to get. She had even threatened to end their relationship, which had started very shortly after the Defence Against the Dark Arts exam. He wouldn't really have sexually assaulted her, Lucius was fairly sure of that, but it had given him the chance to make entirely transparent his desire for the beautiful young woman. Whilst she had fought off his advances during the exam every bit as well as he had told the W.E.A. she had, and without a doubt had earned the Outstanding score he had given her, she hadn't been as averse to his interest as he had expected. Once the exams were over she had agreed to meet him for a celebratory drink; from there with the flirting that had occurred between them, both subtle and not-so-subtle, it had been almost a given that they would get together.
Lucius had tried to convince Hermione that he had thoroughly researched the rules governing what could and couldn't be included in the examination before he had set her the scenario and knew he was absolutely correct that nowhere did it state that only those spells contained in the list could be used. In fact, the wording, whilst not explicitly setting it out, certainly suggested that divergence from the list wouldn't be a problem assuming the substituted spells were of N.E.W.T. standard, as Hermione's had been. Nor did it specify the sort of scenario students were expected to defend against. The only criterion in that regard was the number of spells they had to successfully demonstrate within the allotted time period.
Once Mr Wimple had done his research the W.E.A. would have no choice but to award Hermione her Outstanding N.E.W.T., which was indeed a very rare thing. It was clear that great things could be expected of Hermione in the future, and probably of her friends, too, if Lucius was honest. It boded well for the future of the wizarding world, a world which even in the fifteen months since the Dark Lord had perished had changed beyond all recognition, especially for Pure-bloods like Lucius. He had worked very hard to change his views on those he had once seen as inferior but now realised were, in the main, of equal standing. Part of that had been to recognise Hermione as a truly gifted witch. Once he had stopped thinking of her as a Mudblood he had begun to see her attractiveness as well as her power.
The realisation that he desired the brilliant young witch had come as something of a shock. But he was always up for a challenge, and if nothing else it would hopefully cement the idea in everyone's minds that he had changed for the better and wasn't still an ex-Death Eater, a tag he longed to shed. This was why he had become a member of the panel of examiners when he discovered Hermione was returning to school to complete her N.E.W.T.s, and also why he had extravagantly greased a few palms at the Ministry to ensure he was the one who conducted her examination. He wasn't entirely sure why he had decided on the sexual assault scenario; maybe there was a part of the old Lucius that had seen it as an interesting option, but it had actually proved to him just how powerful a witch Hermione was. And, as he had told Madam Marchbanks, he had never stood a chance against her — and gods knew he was no slouch when it came to magic.
It was early days for the couple as their relationship was still a secret, mainly due to Hermione's not wanting her friends to discover what she was up to. Lucius' marriage had broken down many years before and wasn't even worthy of consideration. He was happier than he had been in years and already intending to get a divorce; regardless of the current circumstances, he was hoping that eventually, sometime in the future, Hermione might consent to become the second Mrs Lucius Malfoy. This possibility had been seriously jeopardised by the W.E.A. inquiry, but with the outcome he had anticipated now on the cards it would hopefully be plain sailing between the two of them from now on. He could definitely live with not being on the examiner's panel. He had only done it to get close to Hermione anyway, and in truth, he had been bored stiff with the endless repetitive scenarios he'd had to enact over the day the exams had taken place. Attempting to assault Hermione had been a highlight in more ways than one.
Lucius politely acknowledged the guard on his way out of the door of the Ministry of Magic. It was time to go and find his beautiful lover and assure her that everything would be well.
