Academic Appeals

Reason 1: Undisclosed extenuating circumstances

“Extenuating or mitigating circumstances where, for good reason, the Assessment Board was not made aware of a significant factor relating to the assessment of a student when it made its original decision.”

The University gives students opportunities to submit extenuating circumstances as soon as they are known and before the Assessment Board makes a decision. This is to ensure that support is available where possible and that there is fairness to all students as well as to you as an individual.  The overall aim is to assess all students on equal terms.

The University takes the view that if a student does not declare extenuating circumstances as soon as they become aware of them, they cannot be taken into account later on unless there are compelling reasons for them not to have been declared at the proper time.

You must therefore be able to present a case to show why it would have been unreasonable for the University to expect you to disclose the circumstances at the time of the assessment, ie,

That the extenuating circumstances which you believe affected your assessment, progression or award were unknown or unrecognised by you at the time of the assessment.

or

If the circumstances were known to you, why you chose not to disclose them at the time.

If your case is accepted, your extenuating circumstances will only be considered on the following grounds:

• If they have not been taken into account previously, resulting in deferrals or exceptional reassessments or retakes of modules or year of study
• If you cannot automatically progress to the next stage of your programme

or

• If your final award classification is on a borderline (a “borderline” is where a student has 50% or more of grades within the classification for either 1st class  or 2.1, but more than 25% at 3rd class – grades 13 -16) or the profiles of grades indicate two different classifications

or

• If, exceptionally, it appears that strict interpretation of a particular assessment regulation would cause serious injustice to you.

What are the possible outcomes from a Justified (successful) appeal based on Undisclosed Extenuating Circumstances?

Firstly you should note that your grade would not be raised.  Work is marked on its merits alone.  This is partly because extenuating circumstances cannot be quantified.

Where a student has extenuating circumstances, the Assessment Board may consider one of the following:

• A retrospective deferral of the assessment affected, providing a further attempt
• Compensation of a fail grade of 17 or 18 (although not normally if it is a project or dissertation module)
• Offer you the opportunity to retake the complete module at the next available opportunity (normally you would need to fully attend and pay the fee)
• Award the higher classification of degree if the final profile of grades show two different classifications or a borderline
• Allow assessment where attendance has been below the required minimum;
• Allow you to continue in FT or SW mode with a credit deficit
• Allow you to be re-instated on your original programme of study
• Allow you to continue but as a part-time student.
• Award an ungraded pass mark (ie, grade Y) to replace a numerical grade, and although counted in the total number of credits required for an award, would not be used in the calculation of your final award classification

Another appropriate remedy

Reason 2: Material error

“That there was a material error, either in the conduct of the assessment itself, or in the proceedings of the Assessment Board, which significantly affected the Assessment Board’s decision.”

A 'material error' is an evidenced error that is both relevant and significant to the decision by the Assessment Board in respect of your award or progression.

You must therefore be able to present a case to show that an error has been made, and the effect it has had on the Assessment Board’s decision.

What are the possible outcomes from a Justified (successful) appeal based on Material Error?

• The Assessment Board will decide what remedy is offered to you, but generally
• If there has been an error in the recording or calculation of your marks or grades, this will normally be remedied through the correction of the error, and, if necessary, the progression or classification of award decision will be reconsidered
• If your submitted work has been mislaid and not marked, but there is evidence that you have submitted before the appropriate deadline, you may be awarded a Y grade for the work or you may be given another opportunity to submit coursework or take the assessment without further penalty

Reason 3: Student academic misconduct

“Grounds listed in the Academic Integrity and Misconduct regulations Section F4, following a penalty imposed for academic misconduct.”

In fairness to other students, penalties are normally greater than what would follow if you had merely failed the assessment.  Penalties will normally affect the grade for the whole module and not just the piece of work in question.

If you have received a penalty following an investigation of your work for academic misconduct (for example, plagiarism in coursework, cheating in an examination, etc) you can appeal if:

• There is new and relevant evidence that you were demonstrably and for the most exceptional reasons unable to present to the Secretary to Academic Board or Academic Misconduct Officer or to the Panel of Investigation meeting during the Academic Misconduct investigation

You must be able to present a case to show why it would have been unreasonable for the University to expect you to disclose the evidence at an earlier stage, ie, when you had the opportunity to respond to the allegation of academic misconduct or, if the circumstances were known to you, why you chose not to disclose them at the time.

And/or

• That the Academic Integrity and Misconduct procedures were not complied with in such a way that it might cause reasonable doubt as to whether the result would have been different had they been complied with

You must indicate which procedures were not followed and why you think that the decision would have been different if they had been followed.

And/or

• That there is documented evidence of prejudice or bias on the part of the Secretary to Academic Board or by one or more members of the Panel of Investigation

And/or

• That the penalty imposed exceeds the maximum penalties listed in the regulations
• There is no need to discuss your case with members of staff before submitting your appeal.  You should submit your appeal within 10 working days of the date of the written outcome to your misconduct case.

What are the possible outcomes from a Justified (successful) appeal based on Student Academic Misconduct?

• The information that you provide with the appeal will be referred back to the Academic Misconduct Office and the case will be reconsidered in the light of the new information.
• The Academic Misconduct Officer will contact you in due course about what action is to be taken. This might include holding an Academic Misconduct Hearing where you would have the opportunity to present your case to a Panel.

• Disappointment with your own academic performance or results.
  A mark or grade which has not yet been approved by the Assessment Board. (If you have a problem, we advise that you make an appointment to see your Module Tutor or Programme Leader).
• The academic judgement of the assessors in assessing the merits of your work, in reaching a decision on your progression, or in deciding the final classification of your award

Academic judgement is based on the need of the Assessment Board to be consistent in its policy towards all students in the cohort. Consistency is maintained through moderation of the cohort’s work by University staff and scrutiny by External Examiners.

The Board will already have used its discretion in this way if:

• You have not met the progression requirements of your programme, or
• If your final award profiles show you to be between two classifications or show two different profiles
• You have submitted evidenced extenuating circumstances to the Assessment Board via UniHelp at the appropriate time, ie, before it met
• To have evidenced extenuating circumstances affecting your performance in your assessments taken into account that you have already submitted to the Assessment Board via UniHelp at the appropriate time, ie, by the deadline set by the University before the Assessment Board met.  The Board will already have considered these if you have not met the progression requirements of your award or if your final award profiles show you to be between two classifications or show two different profiles.
• To have extenuating circumstances which affected your academic performance, such as ill health, taken into account but which are not supported by official contemporaneous and independent documentary evidence
• That you have a long-standing health problem that you were aware of at enrolment and there has not been a significant and unpredictable deterioration in this condition
• That during an examination you were disturbed or ill, and do not have a valid reason for not bringing this to the attention of the Assessment Board before it met
• No valid reason is given, such as circumstances beyond your control, for not submitting extenuating circumstances to the Assessment Board via UniHelp at the appropriate time, ie, by the deadline set by the University before the Assessment Board met.
• That you did not understand or were not aware of the published regulations and procedures for a module, subject, programme, award or classification, including deferral applications and extenuating circumstance submissions
• That you have changed your contact details without either updating your own record or informing UniHelp which led to you not receiving relevant assessment information.
• You have a complaint about the management or organisation of the programme or module which you consider has affected your performance in the assessment.  This is not a matter for an Academic Appeal - you will need to follow the Student Complaint/Grievance procedures.
• You believe that poor teaching, supervision or guidance affected your academic performance.  This is not a matter for an Academic Appeal – you will need to follow the Student Complaint/Grievance procedures.

You should continue as if you had not submitted an appeal: ie) the Assessment Board's original decision remains in force until the Board is notified by the Secretary to Academic Board that the decision is cancelled.

You should therefore meet any requirements for a referral, resubmission of work or resitting an examination, until the appeal is completed.  This will not influence the outcome of the appeal.

You are responsible for the consequences of not complying with the original decision of the Assessment Board if the outcome to your appeal is not in your favour.

You will normally be permitted by an Assessment Board to continue to the next stage of your studies if you have complied with all the University and Programme of Study regulations apart from the decision you have appealed against.  This is solely to help ensure that, if your appeal is upheld, you would not be academically disadvantaged.  This entitlement will continue until the date of the letter formally notifying you of the outcome to your appeal.  The letter will tell you whether you would be entitled to continue on the programme.

However there are exceptions to this permission and it is possible that the Assessment Board may not allow you to continue if

• The next stage of your programme is a placement, you will need written permission from the Chair of the Programme Progression Board to attend the placement.  They are not obliged to give this permission to you.

or

• The next stage of your programme requires that you have passed a prerequisite module that you have failed and are appealing against.  You will need written permission from the Chair of the Programme Progression Board or Programme Leader to progress.

or

• You have been expelled from the University following an investigation into academic misconduct.  You will need written permission from the Deputy Vice-Chancellor (Learning and Innovation) to attend the University. They are not obliged to give this permission to you.

If you are applying for a job or further course of study, you may inform your prospective employer or university of the classification and grades you have been awarded by the Assessment Board, but may add that you have submitted an appeal, and the decision may be reviewed. However, do not assume that your appeal will be successful.

You may attend the Graduation Ceremony if you have graduated and accepted an invitation.  (No announcement or publication at the Ceremony mentions the classification of award).

If you are unsure, you can ask for advice through UniHelp (MyMDX link).

Your appeal application will be checked to ensure

• That the appeal has been submitted within the deadline
• That your appeal is based on one or more of the three permitted grounds for appeal
• That all the documentation has been fully completed, and that any evidence submitted is complete and relevant

If your appeal application does not meet the above requirements, you will be notified by email that the appeal has been rejected.

If your appeal application has been completed appropriately, two members of Academic Registry Appeals Team will initially consider and investigate your case.

If your appeal concerns extenuating circumstances:

• The reason you give for not submitting the circumstances to the Assessment Board at the appropriate time will be considered first. If the reason is considered valid, the appeal process will continue. If it is considered not to be valid, you will be notified that the appeal has been rejected.
• If the appeal is accepted, information will be requested from relevant staff, and the Chair of Assessment Board will consider, on behalf of the Assessment Board, whether the circumstances warrant reconsideration of the original decision.
• If the decision of the Chair is that the circumstances do warrant reconsideration by the Assessment Board, you will be notified of this decision by email, and the Assessment Board will in due course notify you of the final decision.
• If the decision of the Chair is that the circumstances do not warrant reconsideration, they will submit a statement of their reasons to the Appeals Team.
• Two members of the Appeals Team will consider your appeal application and the Assessment Board’s response. They will make a recommendation to the Secretary to Academic Board, or nominee, on whether the appeal is Justified, Partly Justified, or Not Justified.

If your appeal is that a material error had occurred associated with the calculation of marks or award classification or award title:

• If there is evidence to support the case that a material error has occurred, the Faculty/School will be required to take immediate action to rectify the error. You will be notified that your appeal is Justified or Partly Justified by email.
• If there is insufficient evidence, you will be notified by email that your appeal is Not Justified.

If your appeal is against a penalty for academic misconduct:

No members of staff who were the decision-makers in your academic misconduct case will be involved with your appeal

• If you are presenting evidence of extenuating circumstances which you did not submit with your response to the allegation of academic misconduct, the reason you give for not submitting this evidence at the appropriate time will be considered first. If the reason is considered valid, the appeal process will continue. If it is considered not to be valid, you will be notified that the appeal has been rejected.
• If the appeal is accepted, they will make a recommendation to the Senior Manager of the University on whether the appeal is formally investigated
• The Secretary to Academic Board, or nominee, will consider the recommendation from the Appeals Team. For students appealing against a penalty for academic misconduct, a neutral Senior Manager of the University will consider the recommendation.
  If they agree that your appeal is Not Justified, you will be notified by email of this decision and the reasons.
• If they agree that the appeal is Justified or Partly Justified, they will either a) Require the Assessment Board to review its original decision in the light of the information in your appeal case file. You will be notified by email of this Informal Settlement (see FAQS). The Board is obliged to take full consideration of your case and will either change its original decision in your favour or decide that no change is made to the original decision; or b) Give you the opportunity to put your case to an Appeal Panel (see FAQS). You will be notified by email of this and full details will be given.

For appeals against a penalty for academic misconduct, if the Senior Manager of the University agrees that the appeal is Justified or Partly Justified, they will refer the case back to the Academic Misconduct Office for action. You will be notified by email of this outcome to your appeal and the Academic Misconduct Office will contact you in due course about what action is being taken, which may include holding an Academic Misconduct Hearing.

You will receive regular communication from the Appeals Team about the progress of your appeal.

You will be informed in writing of the outcome to your appeal.

If you are dissatisfied with the outcome to your appeal, you may request a Review of the appeal process. See “What happens if my appeal is Not Justified?”

In normal circumstances, we aim to complete the whole process within 90 calendar days of receipt of your full appeal.

There will occasionally be circumstances when, for good reason, the University will need to extend the timeframe. If this happens, you will be notified by email.

No - any change in the Assessment Board's decision will not disadvantage you.

Your appeal is kept as confidential as possible and within the University.  While the investigation is being carried out, the following people may be informed:

• The Appeals Team within Academic Registry
• Any member of the University staff who may be able to contribute to the investigation of your case
• The Chair of Assessment Board
• One 'neutral' Senior Manager who may be requested to review your case
• An Appeal Panel may be called, and normally consists of three members of staff and one student

Your appeal case will be kept on confidential file for up to six years, following which it may be destroyed.

Members of the Faculties/School’s staff are unable to discuss your appeal with you while it is being processed, but if you would like information on its progress, please contact the Appeals Team.

If you would like advice about your status or progress as a student while your appeal is being considered, please contact UniHelp or the Student Union.

If the people considering your case decide that there are grounds for appeal, the Chair of the Assessment Board may be invited to request the Board to review its decision in the light of the information in your appeal case file. If the Chair agrees that this is appropriate action you would be notified by email of this outcome to your appeal.

The Board is obliged to take full consideration of your case and will either change its original decision in your favour or decide that no change is made to the original decision.

If the Board agrees a change is to be made, this is called an Informal Settlement as it did not require an Appeal Panel to consider the case.

An Appeal Panel will only be held if an Informal Settlement could not be reached.

Following the decision that you do have grounds for appeal, an Appeal Panel is held only if an Informal Settlement cannot be reached.

The Panel is called to clarify evidence by questioning those who have submitted it, including yourself, enabling the Appeal Panel to reach a just decision.

If a Panel is to be called, you will be invited to attend and will be sent all the relevant information.

The Panel normally consists of three senior members of staff from as many Schools as practical and one Student Union representative.  No-one is eligible to be a Panel member who has taught you or is likely to teach or assess you.

You can be accompanied by a companion, bring and question witnesses, and comment on the evidence.

If the Appeal Panel finds that an injustice appears to have been caused to you, it will submit all its findings for the Assessment Board's consideration and require the Board to review its decision.

The Board is obliged to take full consideration of your case and would either change its original decision in your favour or decide that no change is made to the original decision.

The original decision of the Assessment Board will be confirmed, and you will receive a letter informing you of the outcome to your appeal and the reasons behind the decision that it is Not Justified.

The letter will include information about the opportunity to request a Review of your appeal if:

• You have new and relevant evidence which you can show that, for exceptional reasons, you were unable to present during the appeal process
• You have evidence to show that the appeal regulations and procedures were not complied with in such a way that materially affected the decision
• This is not a reopening of your original appeal

Dissatisfaction with the outcome of your appeal is not alone a valid reason for requesting a Review.

Within 10 working days of receiving the decision that your appeal is Not Justified, you can request a Review if:

• You have new and relevant evidence which you can show that, for exceptional reasons, you were unable to present during the appeal process
• You have evidence to show that the appeal regulations and procedures were not complied with in such a way that materially affected the decision
• This is not a reopening of your original appeal

Dissatisfaction with the outcome of your appeal is not alone a valid reason for requesting a Review.

The Reviewer will be a senior member of University staff who is neutral to you and has not previously been involved with the appeal case.

The Review will include consideration of:

• Whether the outcome of the appeal process was reasonable in all the circumstances
• Whether the relevant procedures were followed during the appeal process
• Whether you received clear reasons why the appeal was rejected
• Whether you provided valid reasons for not supplying new material evidence at an earlier stage
• The Reviewer will seek to resolve any injustice through appropriate action and inform you of the outcome

If you were to be dissatisfied with the outcome to the Review, you could take the matter further by requesting a review of the University’s handling of your appeal by the ombudsman for higher education: the Office of the Independent Adjudicator for Higher Education (OIA).

All this information in greater detail will be in the letter of outcome sent to you following your appeal.

If you do not request a Review within 10 working days of the letter giving the outcome to your appeal, you can request a Completion of Procedures Letter which will enable you to request a review of the appeal by the OIA.  You would need to present the OIA with exceptional reasons for not requesting the University to review your appeal first.