Part M - Mitigating Circumstances

1.1 Mitigating circumstances are significant, unexpected, unpreventable events, beyond a student’s control, which may have had a serious and adverse effect upon their assessed work. 

  

1.2 Students are responsible for attending and participating in their studies, including attending exams and submitting/presenting coursework for assessment as required and by due dates. Students are therefore responsible for submitting timely, evidenced mitigating circumstances claims when significant, unexpected, unpreventable events may adversely affect assessment performance. 

2.1 The following are examples of circumstances which, when supported by relevant, corroborated evidence, are normally accepted as mitigating if they occur immediately prior to or during an assessment:   

2.1.1 Serious illness, personal injury or significant change, deterioration in, or contemporaneous emergence of a long-term condition or disability; 

2.1.2 The death of a close family member or friend; 

2.1.3 Witnessing or experiencing a traumatic incident or crime that had a significant impact on the student; 

2.1.4 Jury service or involvement in a criminal case/witness that cannot be postponed; 

2.1.5 Failure in provision of reasonable adjustments required by a student’s PASS plan; 

2.1.6 Failure, or inaccessibility of, programme-provided assessment/exam equipment; 

2.1.7 Sporting excellence of national or international nature; 

2.1.8 An overseas posting of a student who is a member of the military; 

2.1.9 Force majeure or other similar unpreventable event. 

  

2.2 The following are examples of circumstances which, when supported by relevant, corroborated evidence, may be considered as mitigating:   

2.2.1 Personal problems/family or domestic crises/unexpected issues with childcare provision or unexpected caring responsibilities for family or a dependant; 

2.2.2 Serious illness of a close relative; 

2.2.3 Planned medical operation, hospital appointments/tests (if advance notice is given); 

2.2.4 Religious observance, such as fasting (Ramadan) where independent evidence from a religious leader confirms the specific impact on the student;  

2.2.5 Accommodation issues outside a student’s control. 

2.2.6 Symptoms of an infectious disease that could harm others 

2.2.7 A technical problem that prevents the student from accessing online teaching or assessment 

2.2.8 Safeguarding concerns 

 

2.3 Not all events which students believe have disrupted assessment performance will be considered as mitigating circumstances. Advice and support should be sought from the Student Support Centre where students are unsure whether their circumstances might be considered. Examples of situations which would not normally be considered include: 

  

2.3.1 Short-term, minor illnesses – these should be covered by extension requests; 

2.3.2 Illness for which no contemporaneous evidence is available; 

2.3.3 Pregnancy, unless there are unexpected difficulties, significant impacts resulting from unplanned pregnancy, or significant related health issues supported by evidence; 

2.3.4 Late submission of coursework; 

2.3.5 Pressures of academic work, such as multiple deadlines, time mismanagement, disorganisation, other normal academic programme commitments; 

2.3.6 Assessment or exam nerves, anxieties, low mood or stress, unless supported by diagnosis of a mental health condition;  

2.3.7 Paid employment commitments or workload; 

2.3.8 Students failing to effectively work together to complete group assessments; 

2.3.9 Lost or non-backed up work, or other computer failure; 

2.3.10 Financial problems, even a change of circumstance, other than cases of extreme hardship; 

2.3.11 Domestic events such as moving house, birthdays, weddings, or other family celebrations, holidays, where students have control over dates or can choose not to attend; 

2.3.12 Errors in misreading or mistaking assessment deadlines or exam dates; 

2.3.13 Submitting the incorrect assignment or version of assignments in error; 

2.3.14 Transport difficulties, unless there is independent documentary evidence of the breakdown/failure and the lack of suitable alternatives;  

2.3.15 Ignorance of any policy document, regulation or assessment arrangement, including following misinformation provided by another individual – it is the student’s responsibility to meet assessment deadlines and attend exams at the right date, time and location. 

  

2.4 The above lists are indicative, not exhaustive, and claims will be treated on their own merit. 

  

2.5 Students may not normally use any disability or illness that is catered for by the Student Wellbeing Centre’s Needs Assessment, or covered by a student’s individual PASS plan, as the basis for a claim. The only exception to this would be the unexpected emergence of an underlying or deterioration of a disability or illness immediately prior to or during an assessment which requires immediate support. A claim can be made in such circumstances but still requires supporting evidence to be submitted. It is expected that any future assessments after such a claim are then dealt with in accordance with University practice for the support of students with a disability or long term illness and the previous incident is therefore not to be used as the basis for future claims. Students should contact Student Wellbeing for further advice. 

3.1 Students are strongly advised to discuss any mitigating circumstances with an appropriate member of staff (i.e. Personal Academic Tutor, Student Support Advisor) as soon as possible, and prior to making a claim. 

  

3.2 If a student is unable to attend an assessment event or take an assessment (applicable to all examinations and formal in-class tests conducted under examination conditions) they can make a claim for mitigating circumstances prior to the assessment event. Where this has not been possible (e.g., due to extraneous events beyond a student’s control) then a claim for mitigating circumstances can be made up to ten working days after the assessment event. 

 

3.3 For assessments where an extension may be granted (e.g., written assignment) students are expected to apply for an extension in the first instance. If the student considers, or is advised, that an extension is not an appropriate solution, they should submit a claim for mitigating circumstances in advance of the submission date or within the ten working days after the submission deadline. 

 

3.4 Students must make mitigating circumstances claims via OneUni. 

 

3.5 Late claims will only be permitted if a student can provide robust evidence which confirms they were incapable of submitting a claim on time. If a student does not provide this evidence, they will be given one opportunity to submit further evidence, as per Section 6 of these Regulations. Waiting for your mark to be released is not a permitted reason to submit a late claim. 

 

3.6 A claim for mitigating circumstances cannot be used to avoid the application of a penalty for a proven allegation of an academic offence.  

4.1 Mitigating circumstances claims must be supported by circumstance and time-relevant, independent, and corroborating documentary evidence which clearly demonstrates the impact on studies at the time of the submission dates. 

  

4.2 Students are responsible for obtaining evidence in support of claims. The University cannot obtain evidence on a student’s behalf. 

  

4.3 Evidence must:   

4.3.i be uploaded via the One Uni system alongside a claim; 

4.3.ii relate to the date(s) of the assessment or exam; 

4.3.iii relate to the specific circumstance(s) being claimed for; 

4.3.iv be provided by an independent, relevant party such as a medical or other professional; 

4.3.v demonstrate the impact on the student making the claim for the assessment period being claimed for. 

  

4.4 Evidence must be provided in English and it is a student’s responsibility to provide translations of any non-English documentation. Documents not in English or without translation will not be accepted as evidence. Translations must be certified as accurate by a Public Notary or translated by an accredited translator. 

  

4.5 The University, upon review of a student’s claim, may request additional evidence for clarification. 

  

4.6 Examples of inappropriate evidence (not-exhaustive) include pictures or lists of medication; pictures of injuries or accidents; statements of support from relatives or friends; same-day, on-demand medical certificates issued by companies such as Zoomdoc, DocTap, etc.  

5.1 In the first instance, the Mitigating Circumstances Panel shall determine the validity of claims, having regard to the nature of the claim and the authenticity, contemporaneity, and relevance to the claim, of the supporting evidence.  

   

5.2 The Mitigating Circumstances Panel normally meets monthly to review claims.  

  

5.3 Claims accepted as valid by the Mitigating Circumstances Panel shall be forwarded to the Board of Examiners to determine an appropriate outcome. 

  

5.4 The Mitigating Circumstances Panel delegates authority to the Chair of the Panel (or nominees) to make decisions on the validity of claims and to reconsider claims on the Panel’s behalf. This enables claims to be dealt with in a timely manner when a higher volume of claims has been submitted. The Chair of the Panel may refer cases which they review, for Panel decision. A log of decisions made by the Chair of the Panel will be provided to the Mitigating Circumstances Panel at its next meeting for endorsement. 

  

5.5 Where claims are made by students enrolled on programmes subject to Fitness to Practise requirements, these claims will be forwarded to the relevant programme team. The programme team will consider whether the Fitness to Practise Regulations should be invoked based on the nature of the claim and any applicable guidance/requirements from PSRBs.  

6.1 Where a claim for mitigating circumstances is not approved as valid by the University Mitigating Circumstances Panel or where a claim is made after the deadline and is not supported by relevant robust evidence, the student will have a maximum of 15 working days following notification of the outcome of their initial claim to provide further evidence.   

  

6.2 Following consideration of any additional evidence, if the claim is not approved as valid or continues to be ruled as out of time, a Completion of Procedures letter will be issued to the student, who may submit a complaint to the Office of the Independent Adjudicator for Higher Education. 

  

6.3 Where a claim is found valid but a student identifies they have inadvertently claimed against the incorrect module or assessment element, they shall have up to 10 working days following formal release of results to request that the module or assessment module claimed for be amended, as long as the circumstances remain time-relevant. 

 

6.4 New grounds for mitigating circumstances cannot be added at the reconsideration stage. The reconsideration stage should be used to provide further evidence in relation to the grounds originally claimed for. 

7.1 Claims accepted as valid by the Mitigating Circumstances Panel are forwarded to the relevant Board of Examiners which shall consider whether the circumstances have actually affected performance in assessment and will apply a decision concerning assessment. 

  

7.2 The Board of Examiners will consider whether, on the basis of the assessment profile, it is reasonable to conclude that the circumstances have actually affected performance. 

  

7.3 Where a student has an approved valid mitigating circumstances claim against an assessment element in a module where the module has been passed based on the existing element marks, the Board of Examiners will deem the mitigating circumstances to be unnecessary and the module to be passed. In this circumstance, the following will apply:  

  

7.3.i The appropriate outcome decision on a student award, progression or resit allowance will be made immediately and will not be dependent on a following mitigating circumstances submission.  

7.3.ii Students who wish to reinstate their right to engage in the mitigating circumstances submission will be informed of the process for requesting this and the deadlines for making such an claim.  

7.3.iii No such claim will be refused under any circumstances. 

  

7.4 Where an approved mitigating circumstances claim applies to any assessment(s) where an original mark has been returned, the Board of Examiners shall apply the higher of the original and reassessed marks in all cases. 

  

7.5 The Board of Examiners will consider all recommendations made to it by a Fitness to Practise Panel concerning mitigating circumstances claims made by students. 

  

7.6 Normally no student shall be eligible to continue from one level to the next or for an award (completion) until such time as the Board of Examiners has sufficient evidence to satisfy itself that the student has achieved the appropriate standard for continuation or the award. Mitigating circumstances can never compensate for insufficient evidence, provided through assessment, of achievement of the standard for continuation or an award. 

  

7.7 For valid claims made by undergraduate and postgraduate taught students, the Board of Examiners may apply the following:    

7.7.i The student will either be allowed to take the assessment(s) concerned as if for the first time (or as if for the second time if the assessment affected by the mitigation is a reassessment) in a manner approved by the Board of Examiners. 

7.7.ii Where a late penalty has been applied, a student may request that the Board of Examiners removes the penalty as an alternative to a resubmission of assessed written work.  

7.7.iii If a student achieves the continuation standard or has sufficient credits to be made a final award, the Board of Examiners will make a decision on current performance and not grant further assessment opportunities. In such cases students wishing to reinstate their Mitigating Circumstances submission allowance may request this by emailing Student Registry Services. This must be done prior to the agreed submission deadline for any reassessment opportunity. 

7.7.iv Where there is sufficient evidence on which to base its decision, the Board of Examiners may deem the student to have passed the assessment(s) concerned. In determining assessment marks to be awarded where a student’s mitigating circumstances have adversely affected their performance the Board of Examiners shall assign such marks as reflect the ability of the student as evidenced by other assessments.  

7.7.v In very exceptional circumstances, where a final level undergraduate or postgraduate taught student is unable to undertake reassessment and evidence of this is validated by the Mitigating Circumstances Panel, the Board of Examiners may make an award and decide on the classification of the award. The Board of Examiners shall assign marks as evidenced by other assessments at that level. 

  

7.8 For research degree students, where a student’s performance is found to have been adversely affected by circumstances, the College Research Degrees Board shall apply the following:   

7.8.i The student shall be allowed extra time in which to complete their thesis or make amendments following initial examination. The relevant Research Degrees Board shall decide upon the length of time permitted, taking into account the extent of the circumstances, agreeing an extension to the period of registration where required. 

7.8.ii Where mitigating circumstances arise during the viva voce examination, such as unexpected illness, and the examination is adversely affected, the student shall be allowed to be examined or re-examined, as if for the first time. Where mitigating circumstances arise prior to the viva voce starting, it should be rescheduled, preferably giving at least 24 hours’ notice to avoid unnecessary disruption of travel arrangements for external examiners. 

  

7.9 Boards of Examiners must clearly record the rationale for each decision and ensure that decisions are compatible with comparable precedents. 

  

7.10 Students dissatisfied with the decision of the Board of Examiners are permitted to make an Academic Appeal as per the Academic Appeal Regulations, provided the appeal is made no later than ten working days after communication of the Board of Examiners’ decision on the claim. 

 

7.11 Where students are given the opportunity for a resit they are entitled to support from the academic library services. Further support from academic staff is subject to individuals' availability. 

  

 

 8.1 A student dissatisfied with the Mitigating Circumstances Panel decision as to the validity of their claim has the right to submit a complaint to the Office of the Independent Adjudicator (OIA), an independent review body, for the outcome to be reviewed independently of the University. 

  

8.2 The right to complaint to the OIA can normally only be exercised when the University’s internal processes have been completed, and a completion of procedures letter has been issued. 

 

8.3 An OIA Complaint Form must be completed, and this must be submitted to the OIA within 12 months of the date of the Completion of Procedures letter. 

  

8.4 Guidance on making a complaint to the OIA can be found on the OIA’s website. 

  

8.5 Students may seek advice about OIA complaints from the Student Support Centre and the Students’ Union Advice Centre. 

  

 

Appendix A: Examples of Acceptable Evidence 

  

Mitigating Circumstance	Examples of Acceptable Evidence
Serious illness, personal injury or significant change, deterioration in, or contemporaneous emergence of a long-term condition or disability (normally accepted as mitigating)	Medical certificate / hospital report / report from registered medical practitioner, specific about the nature of the illness or accident/incident and produced whilst the symptoms are still apparent. Letters stating that the student informed them that they were unwell will not be accepted.
The death of a close relative or friend	The death of a person with a demonstrably close relationship should be evidenced with a copy of the death certificate. If unable for legal reasons to provide a death certificate, legal notice of the death should be provided.
Being the victim of a crime (normally accepted as mitigating)	Evidence from the police or evidence from a registered medical practitioner may be relevant. A police crime number should be provided.       Please note: The police cannot give out any information to the University, they can only confirm that a crime number is valid and confirm the date the incident occurred.
Jury service or involvement in a criminal case/witness that cannot be postponed (normally accepted as mitigating)	Documentary evidence from the court or a solicitor, and/or evidence from the police or evidence from a registered medical practitioner may be relevant. A police crime number should be provided.       Please note: The police cannot give out any information to the University, they can only confirm that a crime number is valid and confirm the date the incident occurred.
Failure in provision of reasonable adjustments required by a student’s PASS plan (normally accepted as mitigating)	Usually supported by corroborating reports from relevant members of programme staff (i.e. Personal Academic Tutor) and Student Wellbeing Services.
Failure, or inaccessibility of, programme-provided assessment/exam equipment (normally accepted as mitigating)	Claims arising from University systems failure (for example, system-wide malfunctions) or a major disruption involving University facilities and services (for example, malfunction of technical equipment or inaccessibility of space leading to exam disruption), must be supported by corroborating reports from relevant members of staff.
Sporting excellence of national or international nature (normally accepted as mitigating)	Formal correspondence by recognised body and/or reputable source publishing fixtures and/or referencing such call up or participation.
An overseas posting of a student who is a member of the military (normally accepted as mitigating)	Evidence from employer (call up papers) detailing the change in working conditions and timescale of notice given to student. If applicable students should discuss interruption of studies with their Personal Academic Tutor.
Personal problems/family or domestic crises/unexpected issues with childcare provision (may be considered as mitigating)	Evidence from a qualified medical practitioner or counselling professional would be appropriate, including from the University counsellors. Please note that the Counselling service cannot automatically provide letters to support a claim.      The evidence must relate to the assessment dates and detail the impact on the student’s ability to complete assessments.
Serious illness of a close relative (may be considered as mitigating)	Corroborating medical certificate / hospital report / report from qualified medical practitioner. Correspondence from a family member is not appropriate evidence.
Planned medical operation, hospital appointments/tests (if advance notice is given), (may be considered as mitigating)	Medical certificate / hospital report / report from registered medical practitioner, specific about the nature of the illness and timeframe. Students should consider requesting an extension in the first instance where applicable.
Religious observance, such as fasting (Ramadan) where independent evidence from a religious leader confirms the specific impact on the student (may be considered as mitigating)	Independent evidence from a religious leader that provides confirmation of the impact of the religious observance on a student’s ability to complete the assessment / exam.
Accommodation issues outside a student’s control (may be considered as mitigating)	This should be a corroborating statement from a professional person, e.g. counsellor, landlord/agent (which might include University Accommodation staff for example) setting out clear details, linked to the impact on the student’s ability to complete the assessment / exam.

  

Personal Academic Tutor statements can be submitted in support of claims. This, as with all evidence, should describe the impact of the circumstances on the student’s ability to complete the relevant assessment or exam. However, a student should also evidence or at least explain their attempts to obtain the evidence relevant to their circumstances as per this annex. Personal Academic Tutor statements should be provided via e-mail so they are clearly signed and dated, and the student should upload the ‘.msg’ file as evidence so the statement can be verified. 

Examples of inappropriate evidence (not-exhaustive) include pictures or lists of medication; pictures of injuries or accidents; statements of support from relatives or friends; same-day, on-demand medical certificates issued by companies such as Zoomdoc, DocTap, etc. and PASS Plans, unless being provided to evidence that an approved reasonable adjustment has not been implemented. If falsified evidence is submitted, the University reserves the right to take appropriate action under its policies and regulations.