Part N – Academic Appeals 

1 General Principles 

  

1.1 There are occasions when students might feel that they wish to dispute the decision of a Board of Examiners. 

  

1.2 A reference to a Board of Examiners may also apply to the College Research Degrees Board and the Independent Assessor (specifically relating to degree apprenticeships). 

  

1.3 Students are encouraged to raise concerns informally with individuals such as tutors, programme leaders, Academic Officers, and staff in Student Registry Services. When a student is seeking to resolve a dispute informally, those dealing with the student should inform the student about the procedures for appeals. Seeking an informal resolution does not remove a student’s right to invoke the formal procedure.  

  

1.4 There are two stages to the process in which a student may seek formally to resolve a dispute: an academic appeal and a request for an independent review. A student who instigates the academic appeal procedure should continue with their studies as normal, including studying for reassessment.  

  

1.5 Challenges to academic judgement are not permitted at any stage of the academic appeals process. 

  

1.6 A third party may act as and represent the student, provided the student has given the Legal and Compliance Services Team written authority for that representative to act on their behalf.   

  

1.6.i A student must inform the Legal and Compliance Services Team, in writing, at least five working days in advance of any meetings, appeal hearings or anticipated communication from a legal representative if they have engaged such representation.    

1.6.ii The University's student contention processes are not legal processes, and it is therefore a student’s decision as to whether they engage legal representation. Engagement of a legal representative alone is not considered reason enough to require the University to adjust its normal timescales or its meeting dates; the University considers it has a reasonable duty to avoid undue delay. The University will not reimburse students who opt to engage legal representation.   

1.6.iii Students, when represented, are still expected to attend any appeal hearings requested under these Regulations and to speak on their own behalf, unless, owing to necessary reasonable adjustment for reasons such as disability, this is agreed by the University in advance, in writing. The student is responsible for ensuring their representative is appropriately briefed on the matter at hand and these Regulations. Any representation made by a legal representative under these Regulations shall be taken to be the student’s response or contribution to the process.    

1.6.iv Should a student opt for legal representation, they also retain the right to be supported at any meetings held under these regulations, by a companion who fulfils the criteria of a companion as outlined in these regulations.   

1.6.v Where a student is under the age of 18 they are entitled to invite a parent or guardian as a companion.   

1.6.vi The University reserves the right to engage its own representation in such matters. 

  

2 Appeal  

  

2.1 Where a student wishes to be reassured that all material circumstances have been taken into account by the Board of Examiners when it arrived at a decision in their case, they may request an academic appeal. 

  

2.2 A student may submit an academic appeal on the following grounds only:   

2.2.i That there was a procedural irregularity in the delivery of the assessment; 

2.2.ii That there is evidence of prejudice or of bias; 

2.2.iii That there was an error in the calculating or recording of the marks upon which the Board of Examiners’ decision was made. 

  

2.3 The following will not be considered as grounds for an academic appeal:   

2.3.i Marginal failure to attain a higher degree classification. 

2.3.ii A challenge against the academic judgement of internal or external examiners. 

2.3.iii Retrospective complaints against the standard of tutoring or supervision. These must be made before the results of Boards of Examiner deliberations and cannot be used to lever an academic appeal against the judgement of the Board. 

2.3.iv Claims for mitigating circumstances. 

2.3. v Submitting an incorrect document or submitting an assessment late. 

  

2.4 Academic appeals must be made within 10 working days of the written notification of the decision of the Board of Examiners.  

 

2.5. Appeals before the Board of Examiners shall not be entered into the formal process. Students should attempt resolution via informal resolution. This could include contacting the module lead. 

  

2.6 An academic appeal must be submitted via an Academic Appeal Proforma.  

  

2.7 The student must provide all material and evidence that they wish to be considered in support of their academic appeal at the time that the academic appeal is made. Matters of contention not raised at the academic appeal stage cannot be introduced at the independent review stage. 

  

2.8 The Legal and Compliance Services team may decide that an academic appeal cannot be accepted if the circumstances and/or reasons put forward by the student are not relevant and/or applicable (e.g., the appeal is solely challenging academic judgement). 

  

2.9 In cases where the student includes grounds that are not permitted under these regulations, the Legal and Compliance Services Team will notify the student of the limitation to the stated grounds for their academic appeal. A member of the Legal and Compliance Services Team will appropriately inform the Chair of the Board of Examiners of the grounds that are not permitted. The Chair of the Board of Examiners will also be requested to disregard any reference to grounds that are not permitted under these Regulations.   

  

2.10 A student may not seek an anonymous academic appeal. 

  

2.11 Academic appeals will normally be completed within 20 working days.  

  

2.12 In conducting an academic appeal, the Chair of the Board of Examiners has the discretion to make enquiries of such persons, including the student, tutors, programme leaders and module coordinators as they deem necessary. 

  

2.13 In deciding the outcome of the academic appeal, including the nature of the resolution to be offered to the student, the Chair of the Board of Examiners will take into account the applicable Regulations for the programme including any variations, the need to ensure the integrity of the standards of the University’s awards and the need to guarantee fairness to all students in the assessment process. 

  

2.14 The Chair of the Board of Examiners will notify the Legal and Compliance Services Team of the outcome of the academic appeal, giving reasons for the decision. This decision will be notified to the student in writing by a member of the Legal and Compliance Services Team..  

  

2.15 A student who has reasons to be dissatisfied with the outcome of an academic appeal may submit a request for an independent review. 

  

3 Submission of an Independent Review 

  

3.1 A student may not submit an independent review unless an academic appeal has been concluded. 

  

3.2 An independent review request must be submitted to the Legal and Compliance Services Team within 10 working days of the student’s receipt of the letter notifying them of the outcome of the academic appeal. The independent review must be submitted via the independent review proforma. 

  

3.3 The only grounds for an independent review are:   

3.3.i That there was a procedural irregularity in the academic appeal procedure. 

3.3.ii The outcome was unreasonable given the circumstances. 

3.3.iii New evidence which the student was incapable of providing earlier in the process. 

  

3.4 An independent review will not reinvestigate the academic appeal but will instead focus on possible procedural irregularities and the reasonableness of the academic appeal outcome. 

  

4 Lapsed Requests for an Independent Review  

  

4.1 Where the request for an independent review is deficient in terms of the grounds cited or the evidence submitted, a member of the Legal and Compliance Services Team will advise the student that the independent review may not proceed until such deficiencies have been remedied. The student will be given 10 working days to make a response to the Legal and Compliance Services Team. 

  

4.2 If the 10 working days expires, a member of the Legal and Compliance Services Team will inform the student that the request for an independent review has lapsed, and issue a Completion of Procedures Letter.  

  

5 Independent Review Process 

  

5.1 Once the independent review has been submitted, an Independent Reviewer will be appointed by the Head of College or their nominee.  

  

5.2 The Independent Reviewer will, within 10 working days, determine whether or not the independent review is upheld. An Independent Reviewer may extend the review period up to a maximum of 10 additional working days in order to resolve more complex queries or where a revised outcome is sought. 

  

5.3 The Independent Reviewer may make appropriate enquiries as they deem necessary, including seeking any further information or clarification from the Chair of the Board of Examiners on the decision taken in the academic appeal. 

  

5.4 If the independent review is not upheld, the student will be issued with a Completion of Procedures letter.  

  

5.5 In cases where the independent review is upheld and a revised outcome agreed with the Chair of the Board of Examiners, the student will be issued with the outcome and a Completion of Procedures letter. 

  

5.6 In cases where the independent review is upheld and a revised outcome cannot be agreed then the independent review will progress to an Academic Appeal Hearing.  

  

6 Academic Appeal Hearing  

  

6.1 The Academic Appeal Hearing will normally take place within 20 working days following the decision of the Independent Review. 

  

6.2 The Academic Appeal Board will comprise: the Independent Reviewer, two members of academic staff of the University and a nominated Student Leader of the Students’ Union. 

  

6.3 No member of the Academic Appeal Board will have prior involvement in the case or be from the same School as the student. 

  

6.4 The Chair of the Board of Examiners or nominee and the student will attend the Academic Appeal Hearing. The student may be accompanied by a member of staff, a student of the University or a staff member from the Students’ Union Advice Centre. The decision on whether they can attend to support the student is at the discretion of the individual or service. 

  

6.5 If, for valid reasons, the student is unable to attend an Academic Appeal Hearing, the University will reschedule the meeting on one occasion. If the student is unable to attend the rescheduled meeting, the Academic Appeal Hearing will take place on the rescheduled date as planned. 

  

6.6 A member of the Legal and Compliance Services Team will provide the attendees of the Academic Appeal Hearing with the Assessment Regulations for the award and the full case documentation no later than 3 working days before the Hearing. 

  

6.7 The Chair of the Academic Appeal Board will ensure that all parties are given fair and equal opportunities to present their case. The Academic Appeal Board will reach its decision in private.  

  

6.8 The Academic Appeal Board will either uphold or not uphold the academic appeal and will make any such recommendations as it considers appropriate. 

  

6.9 The decision of the Academic Appeal Board will be communicated in writing normally within 5 working days. 

  

6.10 Where an academic appeal is not upheld, the original decision of the Board of Examiners will stand. 

  

6.11 Where an academic appeal is upheld, the Board of Examiners will meet as soon as reasonably possible to reconsider the matter as recommended by the Academic Appeal Board. 

  

6.12 Students who remain dissatisfied with the outcome will be issued with a Completion of Procedures letter and referred to the Office for the Independent Adjudicator for Higher Education. 

  

7 Frivolous and Vexatious Academic Appeals 

  

7.1 The University reserves the right to reject an academic appeal or request for an independent review as frivolous or vexatious for reasons including (this list is not exhaustive): 

  

7.1.i Academic appeals or requests for an independent review that are unnecessarily obsessive, persistent, harassing, prolific, and/or repetitious. 

  

7.1.ii Insistence upon pursuing unmeritorious academic appeals or requests for an independent review and/or unrealistic outcomes. 

  

7.1.iii Academic appeals or requests for an independent review that are designed to cause disruption. 

  

7.2 A member of the Legal and Compliance Services Team will write to the student with a full explanation as to why their academic appeal or request for an independent review has been rejected. 

  

7.3 If a student wishes to challenge the Legal and Compliance Services Team’s decision, they must submit this in writing to the Head of Legal and Compliance Services who will review the evidence and will decide whether the challenge is upheld. 

  

7.4 The decision of the Head of Legal and Compliance Services is final and, if the challenge is not upheld, 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. 

  

7.5 A frivolous or vexatious academic appeal or request for an independent review may be dealt with under the Student Misconduct Procedure. 

  

8 Office of the Independent Adjudicator for Higher Education  

  

8.1 A student dissatisfied with the outcome of their academic appeal has the right to submit an application to the Office of the Independent Adjudicator (OIA), an independent review body, for the outcome to be reviewed independently of the University. 

  

8.2 This right may normally only be exercised when the University’s internal processes have been exhausted. 

  

8.3 The student must first obtain a Completion of Procedures letter from the Legal and Compliance Services Team. An OIA Scheme Application Form must be completed to make a submission to the OIA, and this must be made within 12 months of the date of the Completion of Procedures letter. 

  

8.4 Guidance on making an application to the OIA can be found on its website. 

  

8.5 Students may obtain assistance with OIA claims from the Student Support Centre and the Students’ Union Advice Centre.