Calendar 2019/20

[Procedures for Partner Institutions: All partner institutions delivering programmes validated by the University of Exeter are required to follow the procedures below, except that 'College Pro-Vice Chancellor' shall be taken to mean Head of the academic unit concerned, who shall keep the Principal of the partner institution informed.]

If you are looking for the 2018/19 procedures, please visit Procedures Relating to Student Academic Appeals 2018/19.

1

Introduction

1.1

Students have a right of appeal against academic decisions and recommendations made by Boards of Examiners¹ and Faculty Boards (or Deans of Faculty acting on their behalf) that affect their academic progress. These procedures set out the grounds of appeal permitted and the mechanisms by which that right can be exercised. These procedures also set out the grounds on which an academic appeal is not permissible.

1.2

Complaints relating to the quality of teaching or supervision, or other circumstances that relate to the delivery of a programme of study before the point of assessment or the submission of a thesis or dissertation, are not subject to these procedures. They should instead be raised under the University's Student Complaints Procedure. Where an appeal depends on the resolution of a complaint, both the appeal and complaint should be submitted within specified timescales but the complaint will take place precedence and the appeal wait for the outcome of the complaint.

1.3

These procedures describe how students may submit an academic appeal to the University and the grounds under which they may do so. It is important for students to distinguish between those grounds when making their case and also between an appeal and a complaint (for which different procedures are in place). If after discussing an appeal with a College or academic unit a student is still in doubt over any matter relating to an intended appeal, advice may be sought from the following offices:

• Student Cases Office
• Students' Guild Advice Unit, Forum
• Academic Support Unit, Cornwall Campus
• The FXU, Cornwall Campus

1.4

Academic appeals come under the authority of the Senate of the University. Senate has delegated others to act on its behalf in such matters. These procedures explain how appeals should be submitted, and who will consider academic appeals on behalf of Senate.

1.5

Staff named in these procedures may also delegate responsibility for managing the Academic Appeals procedure to other University staff acting on their behalf.

1.6

Appeals will be treated with due diligence and confidentiality, but you should understand that those considering an appeal will normally require access to the documentation presented in support of it in order to come to an informed decision.

1.7

If your academic appeal is of a particularly sensitive nature, and you would like to make some early enquiries on a confidential basis, please contact the Students' Guild's Advice Unit or FXU, Cornwall Campus Students or the relevant Faculty Office, which may be able to offer you advice.

1.8

You will not be disadvantaged as a result of making an academic appeal. However, if it is later discovered that an appeal was frivolous, malicious or vexatious, the University may consider referring you to its Disciplinary Procedure. This may include:

• appeals which are obsessive, harassing, or repetitive
• insistence on pursuing non-meritorious appeals and/or unrealistic, unreasonable outcomes
• insistence on pursuing what may be meritorious appeals in an unreasonable manner
• appeals which are designed to cause disruption or annoyance
• demands for redress which lack any serious purpose or value

The University has a responsibility to protect its self against unacceptable behaviour and provide a working environment that is safe, respectful and tolerant. Consequently it is expected that students, their representatives and staff members should act reasonably and fairly towards each other and treat the process with respect. Behaviour that is unreasonable, aggressive or abusive, verbal or written, will not be tolerated and may result in your access to the procedure or to staff connected with your appeal being limited or withdrawn.

The decision to limit or withdraw access is not taken lightly. In the event that this decision is taken we will provide this in writing, including the reason(s) why this decision has been taken.

In the event that your access to staff or to the appeals procedure is limited or withdrawn you may appeal the decision by submitting your grounds in writing to the Director of Compliance, Governance and Risk who will review the appeal with the Academic Dean for Students or Associate Academic Dean for Students, or Director of the University of Exeter Doctoral College or Associate Dean of Postgraduate Research (as relevant).

The Director of Compliance, Governance and Risk (or their nominee) will request copies of all documentation from the College/Service area concerned.

Forms

• When submitting a Formal appeal, please use the Formal Appeal form.
• To request a review of a Formal appeal, please use the Appeal Review Form.
• To appeal against a withdrawal as a result of unsatisfactory progress, please use the Academic Appeal form - Unsatisfactory Progress form.
• To appeal against a temporary Visa interruption, please use the Appeal Against a Temporary Visa Interruption.
• To appeal against a withdrawal form a programme on Immigration Grounds, please use the Appeal Against a Withdrawal From Programme on Immigration Grounds form.
• If your right to use the appeal procedure has been withdrawn for reason described in 1.9, please use the Appeal Against the Withdrawal of Procedure form.

2

Right of Appeal

2.1

Appeals may be made in respect of the following areas relating to the process of assessment:

1. a formal assessment result²
2. a degree classification
3. a decision consequential to an academic failure (e.g. termination of registration)
4. Postgraduate research students may also appeal against a decision relating to their registration status, such as transfer to continuation status, change of mode of study, early submission of thesis etc.
5. the decision reached is one which no reasonable body, properly directing itself, could have arrived at (for Mitigation Appeals)
6. decision consequential to unsatisfactory academic progress

2.2

For the following areas of potential dispute, separate procedures apply:

• Equality and Diversity Policy
• Dignity and Respect Policy
• Complaints (see para 4.3 below)

2.3

The submission of an appeal will not be to the detriment of your academic position.

3

Grounds of Appeal

3.1

Grounds of appeal in relation to the areas listed under para 2.1 above are allowed as follows:

(a) Material circumstances affecting your performance of which a Board of Examiners or the Board of the Faculty (or the Dean of Faculty acting on its behalf) had not been aware before reaching its decision, only if you can present reasonable grounds why such circumstances had not been presented to the Board in advance of its meeting (see 5.2);

An example might be where there is evidence that the student was ill, but was in hospital, or had confirmed severe mental health difficulties which meant that they were unable to prepare a mitigation application at the appropriate time (please see the University's Handbook in relation to Mitigation). It is not sufficient to say that the student was unaware of the procedure for submitting a mitigation request, or that they chose not to do so at the time.

and/or

(b) The procedural irregularities occurred in parts of the assessment procedures, or in reaching another academic decision, and that this procedural irregularity, which has disadvantaged the student, was significant enough to have materially affected the decision/recommendation made, rendering it unsound; 

(c) That prejudice or of bias on the part of one or more Examiners and/or markers took place, and can be proven, or there are reasonable grounds to support the perception of prejudice or bias.

4

Exclusions from Appeal

4.1

The following grounds cannot be considered as the basis for an appeal:

(a) Matters of academic judgement of the internal and external examiners and/or markers including the Board of Examiners. The student will not be permitted to argue the academic merits of his/her work. The student's assertion that the result unfairly reflects the merit of their work or their ability is not a ground of appeal. This includes disagreement with the actual mark awarded for a piece of assessed work.

(b) Dissatisfaction with the formative assessment of work by academic staff (i.e. marks that have no bearing on a student's formal progress). Such concerns should be raised through the Complaints Procedure;

(c) Matters of dispute that are dealt with under the Student Complaints Procedure (see also 4.3).

4.2

The inclusion of an independent element in the assessment of work through internal second marking (or single marking and moderation internally or externally) is normally sufficient to refute the argument that there have been inadequate checks on the accuracy and appropriateness of the marking, and to preclude an appeal on the ground of prejudice and bias.

4.3

You should note that complaints relating to the quality of teaching or supervision, or other circumstances that relate to the delivery of a programme of study before the point of assessment or the submission of a thesis or dissertation, are not subject to these procedures. They should instead be raised under the University's Student Complaints Procedure.

4.4

Academic appeals submitted outside of the timeframe set out in 6.1 will normally be excluded from consideration unless you can present reasonable grounds as to why the appeal was not submitted within the normal deadline.

4.5

You should be aware that anyone making unwarranted and unsubstantiated allegations concerning the reputation or conduct of members of staff may be subject to disciplinary proceedings.

5

Responsibilities of Students

5.1

You should note with care the time constraints outlined in these procedures. You are responsible for compiling documentation in support of an appeal. 

5.2

The appeals procedure is principally for the use of individual students. Where however the issues raised affect a number of students, they may submit an appeal as a group. To do so, they will need to identify one of their number to act as a spokesperson. It will be the spokesperson who will act on behalf of the group and normally only the spokesperson will attend meetings on behalf of the group. At each of the formal stages, each member of the group must sign the statement of the appeal for it to be accepted as a valid group appeal.

Exceptionally, where a group wishes to appeal but no individual is willing to act as the group's spokesperson, its members may collectively ask the Students' Guild or the FXU at Penryn to act on their behalf.

5.4

It is your responsibility to inform your College Pro-Vice Chancellor ³ or academic unit concerned in writing and without delay of any circumstances that you think may have affected your performance in an assessment. Please refer to the procedures for submission of mitigating evidence provided by your College. Circumstances notified in this way will be considered at the appropriate Board of Examiners or by any group of examiners delegated by the Board to make judgements on its behalf.

5.5

You are reminded that under the University's procedures for the disclosure of assessment results, you have access to your marks through your Colleges under prescribed conditions⁴. General feedback on your performance should be offered by the College, thereby possibly reassuring you of the appropriateness of the outcome of an assessment.

5.6

You should be aware that your appeal will be considered on the evidence that you submit. You should ensure that all relevant evidence which you wish to be considered is submitted with your application. The University will not gather evidence on your behalf.

6

Formal Appeal Stage 

6.1

A formal appeal must be submitted using the Formal Appeal form to the College Pro Vice-Chancellor (via the relevant College Cases Team email address) ⁵ within 10 working days of being notified of an academic decision relating to paragraph 2.1. If you are a Taught Faculty student your College website and the Student Cases website provide information on the appropriate email address to which to submit your appeal. If you are a PGR student please check your Handbook for information on who to submit your appeal to. All supporting evidence should be attached to the form. Where possible you should indicate what remedy you seek.

For those students on Taught Faculty programmes, in-year appeals will not be considered unless there are exceptional circumstances. These would most commonly be medical issues which caused a student to be unable to engage in the necessary procedures (i.e. mitigation) at the appropriate time. Students retain the right to appeal but this should be done after the Assessment, Progression and Awarding Committee (APAC) have confirmed marks and the student has their formal assessment results.

6.2

The College Cases team should normally aim to resolve an academic appeal within 30 calendar days of receipt of the appeal, or otherwise inform you of the expected delay.

6.3

On receipt of the appeal the College Pro Vice-Chancellor or nominee shall decide whether, on the face of it, you have presented a case for appeal as set out under 3.1. Should an appeal materially involve the College Pro Vice-Chancellor, another senior member of staff of the College will consider the case.

6.4

If no grounds for appeal are found, on the face of what you have presented, the College Pro Vice-Chancellor or nominee can dismiss the appeal, informing you in writing of the reasons for doing so. The College Cases team should aim to fully address all issues raised in the student’s Stage 1 appeal in their response letter. A copy of the letter should be forwarded to the University Cases Office. 

6.5

If the College Pro Vice-Chancellor or nominee decides that there is, on the face of it, a case for appeal, they may undertake any investigation they feel is necessary to establish the facts of the case. In the event that an investigation reveals that a case for appeal has not been made, the appeal will be rejected and the student informed by letter. In the event that a case of appeal has been made, the College Pro Vice-Chancellor or nominee may, in liaison with the appropriate College authority (for example, the Chair of the relevant Committee or Board) implement an appropriate remedy. Or, the case may be investigated and considered by a College appeal panel consisting of the College Pro Vice-Chancellor or nominee, the College Registrar and Chair of the Board of Examiners (or other nominees as delegated by the College Dean/ representative). The majority of the panel should not be materially involved in the substance of the appeal and should include the appropriate College authority. The student will be informed of the decision in an outcome letter and, where a panel had been convened, will receive a copy of the minutes of the meeting.

6.6

The College Pro Vice-Chancellor or nominee will normally inform you of the outcome of the Board of Examiner's consideration, and this will be reported to the appropriate Dean via the Student Cases Office.

7

Appeal Review Stage

7.1

An appeal review will only be accepted if:

(a) you submit further material circumstances which could not reasonably have been expected to have been submitted for consideration to a College appeal panel during the Formal Appeal process. Appeals citing additional material circumstances will not normally be accepted without independent, verifiable evidence that explains why such circumstances were not raised before;

(b) there is evidence of procedural irregularity during the Formal Appeal process; this would normally mean that the conduct of the Formal stage of the appeal was not conducted in accordance with this procedure; 

(c) there is evidence of bias during the Formal Appeal process; this would normally mean that the nominated person(s) making the decisions on the appeal at the Formal stage had been involved in the matters about which the student was appealing;

(d) the decision reached during the Formal Appeal process is one that no reasonable body (properly directing itself, and taking into account all relevant factors) could have arrived at.

7.2

You should submit an Appeal Review form to the Student Cases Office (studentcases@exeter.ac.uk) by sending an Appeal Review Form together with a written statement detailing the grounds for appeal (reference Paragraph 7.1) within 10 working days of being notified of a Formal Appeal decision. You should also enclose a copy of your Formal Appeal and any correspondence from the College in respect of their decision.

7.3

The University should normally aim to resolve an academic appeal within 30 calendar days of receipt of the appeal, or otherwise inform you of the expected delay.

7.4

A member of the Student Cases team, (as nominee of the Director of Compliance, Governance and Risk) and Academic Dean for Students or Associate Academic Dean for Students, or Director of the University of Exeter Doctoral College or Associate Dean of Postgraduate Research (as relevant) will consider whether there are, on the face of it, grounds for considering the case before a Committee of Academic Appeal.

7.5

If no grounds for appeal are found, on the face of what you have presented, a member of the Student Cases team and the Academic Dean for Students or associate Academic Dean for Students, or Dean of Postgraduate Research or Associate Dean of Postgraduate Research (as relevant) (or nominee) will dismiss the appeal, informing you in writing of the reasons for doing so.

7.6

If it is decided that there are grounds for an Appeal Review, on the face of what you have presented, a member of the Student Cases team will arrange either:

(a) refer the matter back to the College for reconsideration with, or without, a recommendation for resolution. Referral back to the College will be made via the Pro Vice-Chancellor or nominee and where a resolution has not been recommended by the Academic Dean for Students or Associate Academic Dean for Students, or Dean of Postgraduate Research or Associate Dean of Postgraduate Research (as relevant), the College Pro Vice-Chancellor or nominee will be asked to provide a resolution on the College's behalf.

Where an appellant does not accept the resolution as offered by either the Academic Dean for Students or Associate Academic Dean for Students, or Dean of Postgraduate Research or Associate Dean of Postgraduate (as relevant) and Student Cases, or the College, the matter will be referred to an Academic Appeal Committee, as described below.

(b) a (non standing) Academic Appeal Committee will be convened to consider the case.

7.7

Academic Appeal Committees will normally only consider the appeal against the grounds specified in 7.1 and will not take the form of a re-hearing of the original appeal except in so far as is necessary to decide the merit of the appeal.

8

Appeal Review: Academic Appeal Committee Protocol

8.1

An Academic Appeal Committee shall comprise:

• The Academic Dean for Students or Associate Academic Dean for Students, or Director of the University of Exeter Doctoral College or Associate Dean of Postgraduate Research (as relevant) as relevant, who shall Chair the Committee; 
• An academic member of Senate;
• A Guild Sabbatical Officer.

No person shall serve as a member of the Academic Appeal Committee who is also associated with your Discipline and/or programme of study.

8.2

You will be informed of the date of the Committee meeting at least 5 working days in advance. You may choose to attend the Committee but the Committee may also hear a case in your absence. You may attend the meeting in person or via telephone or other electronic means.

8.3

You have the right to be supported at the meeting, normally by a registered student or employee of the University and/or an officer of the Students' Guild Advice Unit/FXU. The supporter is there to provide moral support, to support you in your preparations for the meeting and to support you with asking and answering questions during the meeting. You are expected to speak on your own behalf and it is at the Chair's discretion as to whether the supporter is permitted to address the Committee. Should a supporter act outside those actions described the Chair will suspend the meeting and ask the supporter to leave, in the event that you are unable to continue the meeting without the supporter the meeting will continue in your absence based on the documentation provided and any verbal representation received up to that point. You must inform the secretary of the Committee of the name of anyone you wish to accompany you at least 5 working days before the meeting. The person accompanying you may speak on your behalf with the agreement of the Chair.

8.4

The Committee will invite the College Pro-Vice Chancellor or academic unit (or appropriate representative) and may call other members of the University or partner institution. 

8.5

Copies of all documents to be considered will be circulated to you and to the Appeal Committee at least five working days before the meeting. 

8.6

The meeting will begin with private discussions by the Appeal Committee to clarify matters of process. 

8.7

You and the College Pro-Vice Chancellor (or nominee) will be invited to join the meeting. You will first be invited to present your statement about the case. The Committee will then question you about your case. The College Pro-Vice Chancellor (or their nominee) will then be invited to present a statement for the College. The Committee will then question the College Pro-Vice Chancellor (or their nominee) about the case. Any other relevant parties who have been called to attend the Committee (eg academic or other staff) will then be invited to give their testimony and answer questions put to them by the Committee. 

8.8

The Committee will then retire to consider their verdict on the case. The Committee, having heard the evidence, may uphold the appeal, partially uphold or reject the appeal. The decision reached by the Committee will be final. 

Such a decision may include a recommendation to annul a decision of the Board of Examiners and substitute it with an alternative decision. If the impact of the Committee's recommendation changes an award this will require the approval of the Vice-Chancellor and Chief Executive acting on behalf of Senate.

8.10

The student will receive a summary outcome of the Committee's decision within 5 working days of the meeting with a full report and a Completion of Procedures letter to follow. The Completion of Procedures letter will explain that the case has exhausted the University's internal procedures and will explain the student's right to request a review of their case with the Office of the Independent Adjudicator. 

9

Appeals against decisions made under the Code of Good Practice - Unsatisfactory Progress

9.1

You should submit an Academic Appeal form - Unsatisfactory Progress form to the Student Cases Office (studentcases@exeter.ac.uk) detailing your grounds for appeal within 10 working days of being notified of the final decision made by the Faculty Dean.

9.2

An appeal will only be accepted if

(a) you submit further material circumstances which could not reasonably have been expected to have been submitted for consideration by the College at an earlier stage;

(b) there is evidence of procedural irregularity;

(c) there is evidence of bias;

(d) the decision reached is wholly unreasonable in all the circumstances.

9.3

The University aims to resolve your appeal within 30 calendar days of receipt or otherwise inform you of the expected delay.

9.4

A member of the Student Cases team, (as nominee of the Director of Compliance, Governance and Risk) and a Dean of Faculty past or present (or nominee) who has not previously been involved in the case will consider whether there are grounds for appeal.

9.5

A member of the Student Cases team and the Dean may either uphold the appeal, dismiss the appeal or refer the matter to an Appeal Committee - Unsatisfactory Academic Progress.

Committee Protocol as for Appeal Review - see section 8

9.6

If the appeal is dismissed, this exhausts the university's internal appeals process and a Completion of Procedures letter will be issued which will contain details of the Office of the Independent Adjudicator.

10

Appeals against a Temporary Visa Interruption

10.1

You should submit an Appeal Against a Temporary Visa Interruption‌ to the Student Cases Office (studentcases@exeter.ac.uk) detailing your grounds for appeal with 10 working days of being notified of the decision made by the Immigration Compliance Unit.

10.2

An appeal will only be accepted if:

(a) You submit further material circumstances which could not reasonably have been expected to have been submitted for consideration by the College at an earlier stage;

(b)There is evidence of procedural irregularity

10.3

The University aims to resolve your appeal within 21 calendar days of receipt or otherwise inform you of the expected delay.

10.4

A member of the Student Cases team, (as nominee of the Director of Compliance, Governance and Risk) and a Dean of Faculty past or present (or nominee) who has not previously been involved in the case will consider whether there are grounds for appeal.

A member of the Student Cases team and the Dean may either uphold the appeal, dismiss the appeal or refer the matter to an Appeal Committee.

Committee protocol as for Appeal Review - see section 8 

11

Appeals against a Withdrawal from Programme on Immigration Grounds

11.1

You should submit an Appeal Against a Withdrawal From Programme on Immigration Grounds form to the Student Cases Office (studentcases@exeter.ac.uk) detailing your grounds for appeal within 10 working days of being notified of the final decision made by the Vice-Chancellor and Chief Executive.

11.2

An appeal will only be accepted if:

(a) You submit further material circumstances which could not reasonably have been expected to have been submitted for consideration by the College at an earlier stage;

(b) There is evidence of procedural irregularity

The University aims to resolve you appeal within 30 calendar days of receipt or otherwise inform you of the expected delay.

A member of the Student Cases team, (as nominee of the Director of Compliance, Governance and Risk) and a Dean of Faculty past or present (or nominee) who has not previously been involved in the case will consider whether there are grounds for appeal.

A member of the Student Cases team and the Dean may either uphold the appeal, dismiss the appeal or refer the matter to an Appeal Committee.

Committee protocol as for Appeal Review - see section 8

If the appeal is dismissed, this exhausts the University's internal appeals process and a Completion of Procedures letter will be issued which will contain details of the Office of the Independent Adjudicator.

Completion of the University's Academic Appeal Process

12.1

There are no other University appeal procedures beyond those stages detailed above. If you are not satisfied with the outcome after the completion of the University's procedure, you can apply to the Office of the Independent Adjudicator for Higher Education⁷

13

Annual Report

13.1

Each year a report will be prepared for the appropriate Faculty Boards and Senate by Student Cases detailing general matters or issues arising from recent academic appeals.