University of Bradford Regulations Governing Appeals by Students against an aspect of their Academic Assessment

Table of Contents 1.

General Principles................................................................................................................. 2

2.

Collaborative Partners: ......................................................................................................... 5

3.

Grounds for appeal and notice of appeal for students on award-bearing taught programmes of study at undergraduate and postgraduate levels .............................................................. 5

4.

Grounds for appeal and notice of appeal for research students ........................................... 6

5.

Grounds for appeal against an academic transfer decision .................................................. 8

6.

Submission of appeals .......................................................................................................... 8

7.

Consideration of appeals ...................................................................................................... 9

8.

Remit and Composition of an Academic Appeals Committee ............................................. 12

9.

Authority of an Academic Appeals Committee .................................................................... 13

10. Conduct of an Academic Appeals Committee ..................................................................... 13 11. Appeals against a decision of an Academic Appeals Committee ....................................... 15 12. Student’s assessment or progression whilst appeals are pending resolution ..................... 15 13. Monitoring and Reporting.................................................................................................... 16

1

The following policy and process relates solely to the conduct of appeals made by students against an aspect of their academic assessment. Allegations of racial, sexual and other forms of harassment are covered by the Personal Harassment and Bullying Procedures. Disciplinary issues are covered by the Regulations Governing Disciplinary Procedures for Students, and the Staff Disciplinary Procedures as appropriate. Students wishing to make a complaint to the University should consult the Complaints Procedure for Students The Regulations have also been equality impact assessed, in line with University of Bradford’s commitment to equal opportunities to eradicate any adverse impact that this policy may have on staff and students in the context of race, gender, disability, sexual orientation, age, gender identity, and religion and belief.

1. General Principles 1.1 An 'academic appeal' is defined by the Quality Assurance Agency for Higher Education as “a request for the review of a decision of an academic body charged with decisions on student progression, assessment and awards”. The University will not normally permit an appeal by a student until a Board of Examiners has ratified a decision with regard to a student’s progression or award; there are however, exceptions as follows. 1.1.1 Students may lodge an appeal in relation to a failed module or placement prior to ratification by a Board of Examiners where that failure prevents progression within their award in such instances as Nursing and Social Work placements. All Social Work placement appeals are initially considered by the Programme Consortium. The Deputy Vice-Chancellor is mindful of the requirements of professional and statutory bodies when making decisions at University level. 1.1.2 Postgraduate Research students may appeal against the outcome of a Capability Procedure initiated against them at or shortly after a PhD transfer meeting. Such appeals should be made directly to the University and will be reviewed by the Research Degrees Committee prior to a recommendation being made to the Deputy Vice-Chancellor. 1.1.3 Students may lodge an appeal at any point in the academic session against withdrawal from their programme of study when the withdrawal results from nonattendance/non-engagement. An appeal against a decision to withdraw a student from a programme of study, which is taken outside a Board of Examiners meeting, must be submitted to the Faculty concerned within 7 days of the date of withdrawal. 2

1.1.4 In the event that the student is dissatisfied with the outcome of the appeal at Faculty level, students have a right of appeal to the Deputy Vice-Chancellor Academic Development. Such an appeal must be submitted to the Complaints and Appeals Manager within 14 days of the date of the Faculty outcome letter. For the purposes of this regulation, the term Faculty, shall be taken to include any academic unit either responsible for the administration of the course of study in question or providing the supervision of the research student concerned, as appropriate. 1.2 The principle of equity of treatment will apply across the Institution. Each appeal will be considered on a case by case basis and the University of Bradford will make every reasonable effort to progress and resolve appeals in a timely and prompt manner. All appeals will be managed in a secure and confidential manner. Where it is necessary to seek evidence from a third party (other than the Faculty in question), and where this might mean the disclosure of information to the third party, the student will be contacted before any disclosure is made to check that they wish to proceed with the appeal. 1.3 Except in cases covered by 1.1.2 above, wherever possible, in the first instance, student appeals should be resolved locally and informally at Faculty level. For example, in cases where a Faculty is made aware of problems affecting a student and is supportive of an amendment to a decision of the Board of Examiners, this should be carried out via chair’s action, without the student being put to the unavoidable inconvenience and delay arising from the case progressing through the appeals system. 1.4 Once an appeal enters the formal process, the University will apply the principles of natural justice in the consideration of each case. This means that no Faculty will be permitted to be the ultimate judge of a case in which it is involved. The Deputy ViceChancellor Academic has the ultimate authority to act on behalf of the Senate and the University in all matters relating to appeals. 1.5 Appeals will not be permitted from parents, sponsors or employers of students. However, in cases where a student is under the age of 18 or has a mental health issue or disability which might impinge on their ability to make an appeal, a third party may be nominated to progress the appeal for them. In all such cases the University will ensure that sensitive personal data is only released to the third party with the express permission of the student concerned. 1.6 Where necessary, appropriate adjustments will be made to the process to accommodate the needs of disabled students and/or students with mental health issues; this includes the provision of these procedures in a format accessible to the student concerned. 1.7 Appeals data in relation to the University as a whole and each Faculty specifically forms an intrinsic part of the Annual Monitoring Process. The evaluation and monitoring of the appeals process will be the responsibility of the Learning and Teaching Committee of the University. Information to support this process will be presented to the Committee on an annual basis. 3

1.8 Group appeals will be permitted where the issue under consideration affects the work of the group as a whole; for example, an allegation of poor teaching or the resignation of a key member of teaching staff. In such cases the group will be required to nominate a spokesperson and state in writing that this person is qualified to represent the interests of all members of the group. Notwithstanding the above, aspects of the appeal which relate specifically to one member of the group will not be disclosed to the other members. 1.9 The Deputy Vice-Chancellor may, in exceptional circumstances, condone a mark which has been ratified by a Board of Examiners. 1.10 Where prejudice or bias on the part of one or more of the internal examiners has been determined by the investigation undertaken by the Deputy Vice-Chancellor the work in question will be remarked and the mark will be subject to ratification by the external examiner. 1.11 The appeals process will be conducted as quickly as is reasonably practicable, without compromising the robustness of the investigation into the particular circumstances of the appeal. It is expected that the deadlines documented below will normally be adhered to, however certain cases may take longer to resolve. 1.12 On conclusion of the process at University level, the student will be issued with a formal Completion of Procedures letter, including information which will enable them to seek a review by the Office of the Independent Adjudicator (OIA), should the case be eligible under the OIA’s Rules. 1.13 The University will apply best practice shared within the HE sector and will adhere to the overall expectation and indicators contained in Chapter B9 of the UK Quality Code for Higher Education, Academic Appeals and Student Complaints. The University will operate within the Rules and guidance published by the Office of the Independent Adjudicator. 1.14 The Deputy Vice-Chancellor Academic may, in certain circumstances, uphold the appeal by a student and overrule a recommendation made by a Board of Examiners where it is felt that there are issues of equity of practice across the Institution, where adherence to the precepts of the Quality Assurance Agency Code of Practice have not been taken into account, where the Rules and guidance issued by the Office of the Independent Adjudicator have been contravened or where, in the view of the Deputy Vice-Chancellor, the evidence provided by the student demonstrates appropriate grounds for a revised decision. 1.15 In certain complex cases, the Deputy Vice-Chancellor Academic may convene an Appeals Committee which will act on behalf of the Senate. 1.16 No student instigating an appeal under these regulations, whether successfully or otherwise will be treated less favourably by any member of staff than if the appeal had not been brought. If evidence to the contrary is found the member of staff may be subject to disciplinary proceedings under University policy. 4

1.17 In the event that the submission by a student falls somewhere between an appeal and a complaint, the student’s appeal will first be addressed, as satisfactory resolution at this stage can often remove the need for a complaint to be made. On conclusion of the appeals process the student will be asked if they still wish to make a complaint, and if they do, will be assisted to initiate this process. 1.18 Where appropriate to the nature of individual cases, Chairs of Boards of Examiners and the Deputy Vice-Chancellor will seek advice from members of the Diversity in Learning, Teaching and Assessment group (DILTA) to assist them in the consideration of particularly difficult appeals at Faculty and University level. 1.19 Where considered necessary by the Deputy Vice-Chancellor or the Complaints and Appeals Manager, the University will seek opinion from a specialist in the subject. This person may be a member of University staff, unconnected with the case in question, or a specialist from another institution.

2. Collaborative Partners: 2.1 All appeals made by students studying at Collaborative Partner Institutions will be submitted to the University by the Collaborative Partner via the Associate Dean Learning and Teaching, or other designated individual, for consideration, in the first instance, at local level by the home Faculty (see section 6.1 below). 2.2 Appeals not resolved at local level may be submitted to the Complaints & Appeals Officer for consideration by the Deputy Vice-Chancellor under section 7 onwards of the procedures documented below.

3. Grounds for appeal and notice of appeal for students on awardbearing taught programmes of study at undergraduate and postgraduate levels 3.1 The grounds for appeal by students against a decision of the Board of Examiners concerning an aspect of their academic assessment may be any of the following: 3.1.1 That there exist circumstances affecting the candidate's performance of which the Board of Examiners was not aware when it took its decision and which for good demonstrable good cause, were not reported to the Board at the time of consideration; 3.1.2 That there were demonstrable procedural irregularities in the conduct of the assessment or decision–making processes which are of such a nature as to cause reasonable doubt as to whether the result would have been different had they not occurred. Examples of this may include irregularities in a formal examination, in assessment or in communications about an assessment. Another example might be 5

noncompliance with published University procedures such as failure to take sufficient account of a student’s extenuating circumstances which would appear, under University criteria, to be worthy of consideration; 3.1.3 That there is evidence of an administrative error of such a nature as to cause reasonable doubt as to whether the examiners would have reached the same conclusion if it had not been made; 3.1.4 That there is evidence of prejudice or bias on the part of one or more of the examiners; 3.1.5 The inadequacy of supervisory or other arrangements for a project or dissertation; 3.2 A student may not appeal against a matter of academic judgement; for example appeals will not be permitted against a specific mark or grade awarded by an examiner in instances where the student or a third party, believe the work merits a higher grade or mark. 3.3 An appeal may not be made to the University where the decision taken by the Board was appropriate and in line with the University Regulations Governing Undergraduate or Postgraduate Awards. For example; students may not appeal to be permitted an exceptional referral in more than 20 credits in cases where their mitigation has already been considered by the Board of Examiners or under Stage 1, local consideration (see section 6.1 below). 3.4 In instances where mitigation has already been considered by the Board of Examiners or under Stage 1, local consideration (see section 6.1 below), students may not appeal against a decision to require them to repeat modules with attendance where they have achieved marks below 40% in 70 credits. Nor may they appeal against a decision to require them to repeat the year with attendance where they have achieved marks below 40% in 80 credits or more. 3.5 An appeal on the grounds set out in 3.1.2, 3.1.3 or 3.1.4 above will only be permitted if there was good cause for the student not to have informed the Dean of the Faculty, in writing, of the circumstances or complaint no later than 7 days after the examination/assessment deadline to which they apply. 3.6 An appeal on the grounds set out in 3.1.5 above will only be permitted if the complaint was submitted in writing to the Dean of the Faculty before the date of submission of the project, or dissertation, unless there were exceptional reasons for the situation not having to come to light until after the assessment.

4. Grounds for appeal and notice of appeal for research students 4.1 The University will not normally permit an appeal by a student until a Board of Examiners and/or the Research Degrees Committee has ratified a decision with regard to a student’s progression or award. Students may however, appeal against a provisional mark for a module delivered by the Graduate Faculty prior to that mark 6

being formally ratified by a Board of Examiners or by the Research Degrees Committee, where that mark could potentially prevent them from progressing within their award. Students may also appeal directly to the University against the outcome of a Capability Procedure. 4.2 A student may submit an academic appeal against the following decisions of the Research Degrees Committee: 4.2.1 To require withdrawal following a report of unsatisfactory progress; 4.2.2 Not to transfer registration from MPhil to PhD; 4.2.3 To permit revision and re-presentation of a thesis; 4.2.4 Not to allow re-presentation of a thesis; 4.2.5 Not to award a degree for which the student was registered; 4.3 A student may also appeal under the following categories: 4.3.1 That there exist circumstances affecting the candidate's performance of which the Research Degrees Committee was not aware when it took its decision and which for good demonstrable good cause, were not reported to the Board at the time of consideration; 4.3.2 That there were demonstrable procedural irregularities in the conduct of the assessment or decision–making processes which are of such a nature as to cause reasonable doubt as to whether the result would have been different had they not occurred. Examples of this may include irregularities in a formal examination, in assessment or in communications about an assessment. Another example might be noncompliance with published University procedures such as failure to take sufficient account of a student’s extenuating circumstances which would appear, under University criteria, to be worthy of consideration. 4.3.3 That there is evidence of an administrative error of such a nature as to cause reasonable doubt as to whether the examiners would have reached the same conclusion if it had not been made; 4.3.4 That there is evidence of prejudice or bias on the part of one or more of the assessors (with regard to 4.2.1 or 4.4.4 above) or of the examiners (with regard to 4.2.3, 4.2.4 or 4.2.5 above); 4.3.5 The inadequacy of supervisory or other arrangements; 4.4 An appeal on the grounds set out in 4.3.2, 4.3.3, or 4.3.4 above will only be permitted if there was good cause for the student not to have informed the Dean of the Faculty, in 7

writing, of the circumstances of the appeal no later than 7 days after the examination/assessment deadline to which they apply. 4.5 An appeal on the grounds set out in 4.3.5 against a decision specified under 4.2.1 or 4.2.2 above will only be permitted if the appeal was submitted in writing to the Dean of the Faculty at least two working days in advance of the meeting of the Research Degrees Committee, unless there was good cause for the student being unable to comply with this requirement. 4.6 An appeal on the grounds set out in 4.3.5 above against a decision specified under 4.2.3, 4.2.4 or 4.2.5 above will only be permitted if the appeal was submitted in writing to the Dean of the Faculty before the date of the submission of the thesis, unless there were exceptional reasons for it not having come to light until after the assessment of the thesis.

5. Grounds for appeal against an academic transfer decision 5.1 The grounds for appeal by students against an academic transfer decision be any of the following: 5.2 That there were demonstrable procedural irregularities in the conduct of the transfer decision–making processes which are of such a nature as to cause reasonable doubt as to whether the result would have been different had they not occurred. 5.3 That there is evidence of an administrative error of such a nature as to cause reasonable doubt as to whether the assessors would have reached the same conclusion if it had not been made; 5.4 That there is evidence of prejudice or bias on the part of one or more of the assessors. 5.5 A student may not appeal against a matter of academic judgement; for example appeals will not be permitted against a specific mark or grade awarded by an assessor in relation to the student self-evaluation or against instances where the student or a third party, believe the self-evaluation submission merits a higher grade or mark.

6. Submission of appeals 6.1 Students must submit their appeal to their home Faculty within 21 working days of the date of the publication of the recommendations of the Board of Examiners or Research Degrees Committee (as appropriate), unless there is good cause for the student being unable to comply with this requirement. Late appeals must include a detailed explanation of the reason for late submission. 6.2 Students will normally be expected to submit a properly completed copy of the University Appeals Form and a Letter of Appeal setting out, in writing and in full, the grounds for and the nature of the appeal; no additional grounds may be cited nor additional substantive points made at any later time in the consideration of the appeal. 8

Witness statements should be included in the original appeal submission and will not be accepted at a later time. 6.3 Students may approach the Student Advisor [email protected] in the Students' Union for assistance with the preparation and submission of an appeal. Faculties/Departments/Divisions should ensure that students who have declared a mental health difficulty are offered the support of the Mental Health Advisor [email protected] in completing the Appeals Form and that, where appropriate, students are assisted in the acquisition of the Appeals Form and supporting documentation in a format suitable to their requirements. Where appropriate, students will be advised to seek assistance in completing the Form from the Disabilities Office. 6.4 In the case of an appeal based on 3.1.1 or 4.3.1 above, students may request that detailed information relating to their personal circumstances shall remain confidential to the Deputy or Pro-Vice-Chancellor considering the case, the Dean of the Faculty, the Chair of the Board of Examiners or Research Degrees Committee (as appropriate), and (where relevant) the external examiner(s). 6.5 In the case of an appeal based on 3.1.1 or 4.3.1 above, a student must submit, with the Letter of Appeal, verifiable documentary evidence corroborating their mitigating circumstances. Advice on the nature of appropriate written evidence may be obtained from the Complaints & Appeals Manager [email protected] or the Student Advisor [email protected].

7. Consideration of appeals 7.1 Stage 1: Local Resolution 7.1.1 Students will be required to submit an appeal to the Dean of their home Faculty for informal consideration of their case within 21 working days of the results of the Board of Examiners being made known to them, or in the case of placement results, as soon as possible after the result has been made known to them. (See section 5.2 above) 7.1.2 The Dean may delegate consideration of the appeal to the Associate Dean Learning and Teaching or another senior nominee who will normally be the Head of the Department or Division concerned. The Dean/ Associate Dean will be required to consult the Chair of the relevant Board of Examiners who will make the decision on behalf of the Board. The Chair will act fairly and impartially in the consideration of all cases. 7.1.3 In responding to the appeal Faculties may be required to reconvene the Board of Examiners, or a subgroup thereof, and may also wish to seek the views of the external examiner in order that the new evidence presented by the student may be considered. The Board will be required to consider carefully the impact on the

9

case of any claim of mitigating circumstances and the evidence thereof submitted by the student. 7.1.4 If a decision is made in the student’s favour the matter will be dealt with by the Faculty by Chair’s action as soon as is reasonably practicable. 7.1.5 The Faculty will be required to inform the student of the outcome of their appeal and the reasons why the appeal was upheld or rejected, in writing, normally within 10 University working days of receiving the appeal. 7.1.6 A central record of all appeals submitted, and their outcome, should be maintained by each Faculty. This record will be maintained on a database provided by the Complaints & Appeals Manager. The record should be returned electronically to the Complaints & Appeals Manager in later December each year. 7.1.7 Facultys will be provided with data relating to their students in February each year. It will be the responsibility of each Faculty to undertake an impact assessment on appeals data by diversity categories and provide an analysis for inclusion, by the Complaints and Appeals Manager, in the overview document for consideration as part of the AMR process. This document will include a full data set (at University and Faculty level) and recommendations for policy/procedural development in response to issues arising from Faculty level impact assessments. Stage 2: University Consideration 7.1.8 In the event that a student’s appeal is unsuccessful at the informal stage the student has the right to make an appeal to the University. A request to invoke the University level appeals procedure must be made by the student to the Complaints & Appeals Officer within 10 working days of the date of the Faculty outcome letter. 7.1.9 The student is required to forward their original appeal form and letter of appeal and all the evidence previously presented to the Faculty in respect of their appeal, together with a copy the Faculty outcome letter. 7.1.10 A student may not change the nature or category of their appeal from that submitted at Faculty level when submitting the case for further consideration by the Deputy Vice-Chancellor. 7.1.11 The appeal will be investigated by the Complaints & Appeals Officer on behalf of the Deputy Vice-Chancellor. The Deputy-Vice-Chancellor may request further information from the student and/or the Faculty in order to determine the outcome of the case. The student and/or Faculty will normally be required to produce such further information within 5 working days. 7.1.12 The Faculty may be asked to explain the basis for the Board of Examiner’s decision and include a detailed explanation of whether any evidence was 10

discounted and why. The Faculty may also be asked to make available the minutes of the relevant Extenuating Circumstances Sub-committee and the Board of Examiners or Research Degrees Committee (as appropriate), relevant mark sheets and pass lists and any documents relating to extenuating circumstances which are relevant to the case. 7.1.13 The Deputy Vice-Chancellor may seek the view of external examiners in considering the case. 7.1.14 The Deputy Vice-Chancellor will make a decision as follows: 

That the appeal be upheld



That the appeal be partially upheld



That the appeal will not be upheld



That the appeal will be dismissed as out of time

7.1.15 On completion of the investigation a Completion of Procedures letter will be issued to the student and copied to the Faculty concerned, normally within 10 working days of the decision being made. 7.1.16 In making a decision the Deputy Vice-Chancellor will consider the possible effects on other students (who may or may not have appealed) and, as far as possible, will ensure that equity of treatment is preserved. Notwithstanding, each student’s appeal will be considered on a case by case basis and a judgement made in accordance with the particular circumstances of the appellant. 7.1.17 When taking a decision of this kind, the Deputy Vice-Chancellor will take into account the requirements of any relevant professional and accrediting bodies and any fitness to practice issues. The Deputy Vice-Chancellor will inform the Faculty, in writing via the Complaints & Appeals Manager, of instances where the decision of the Board of Examiners has been overturned.

7.2 Stage 3 7.2.1 A formal Completion of Procedures letter will be issued to the student, and copied to the Faculty concerned, normally within 10 University working days of the decision being made. 7.2.2 The decision made by the Deputy Vice-Chancellor on behalf of the University is final and represents the completion of the University of Bradford’s procedures for consideration of the appeal. 7.3 In the case of an appeal based on a combination of either 3.1.1 or 4.3.1 above and one or more of the other grounds for appeal, that part of the appeal which relates to 3.1.1 or 4.3.1 will take precedence and will be considered by means of a review of the original decision by the Board of Examiners or the Research Degrees Committee (as appropriate). The Deputy Vice-Chancellor’s decision will be final in these matters. 11

8. Remit and Composition of an Academic Appeals Committee 8.1 An Academic Appeals Committee will be convened, on behalf of the Senate, to consider cases in respect of students who, having submitted an appeal against an aspect of their academic assessment, have had that appeal referred to the Committee by the Deputy-Vice-Chancellor. 8.2 The composition of an Academic Appeals Committee shall be as follows: 

A chairperson – A Pro-Vice-Chancellor or Deputy Vice-Chancellor, A Dean of a Faculty other than that in which the student is registered or in which the module resides, A former Dean of Faculty or former Pro or Deputy-Vice Chancellor.



Three members nominated by Deans of Faculties, from three different Faculties (no member of the Faculty concerned being eligible to serve)



A member of the Student Union executive



In attendance: The Complaints & Appeals Manager, the Student Advisor (where required by the student) and the Associate Dean Learning and Teaching of the student’s home Faculty.

8.3 Members of an Academic Appeals Committee must not have an academic relationship with any student due to be considered by the Committee. 8.4 Should a student due to appear before an Academic Appeals Committee object to any member of the Committee, the Committee shall consider and decide whether the objection can be accepted. If it can, then the Chairperson of the Committee shall have discretion to nominate an alternate member. 8.5 A student appearing before an Academic Appeals Committee may be accompanied by a friend, who must be a member of the University or a member of the Student’s Union advisory staff. The Complaints & Appeals Officer will ensure that students who have declared a mental health difficulty are offered the support of the Mental Health Advisor [email protected] in relation to their attendance at the Committee. Where appropriate, students will be advised to seek assistance from the Disabilities Office http://www.bradford.ac.uk/disability/students/. 8.6 A student may not bring legal representation to this meeting without prior consent obtained from the Chair of the Committee, which will be granted only in exceptional circumstances. 8.7 The Student Advisor and the Academic Affairs Officer of the Student’s Union will be informed, by email, of the date of each Academic Appeals Committee, and of the names of the students attending that Committee, at least 10 University working days prior to the meeting.

12

8.8 The Complaints & Appeals Manager will, wherever possible and dependent upon staff availability endeavour to ensure that membership of the Committee takes into account any equality and diversity related matters raised by the student.

9. Authority of an Academic Appeals Committee 9.1 An Academic Appeals Committee is not empowered to take any action that might worsen a student's position, but may make any other decision in the light of the circumstances of the particular case. 9.2 An Academic Appeals Committee, acting on behalf of the Senate, is empowered to review and to vary or amend a decision of a Board of Examiners. In so doing it will consider the possible effects on other students (who may or may not have appealed) and, as far as possible, will ensure that equity of treatment is preserved. Notwithstanding, each student’s appeal will be considered on a case by case basis and a judgement made in accordance with the particular circumstances of the appellant. 9.3 An Academic Appeals Committee may not condone or amend a mark recommended by a Board of Examiners unless bias can be found, on the balance of probabilities, on the part of one or more of the examiners. 9.4 An Academic Appeals Committee shall report to the Senate on any point of general principle which arises during the hearing of a particular case. 9.5 The operation of Academic Appeals Committees shall be governed by such procedures as the Learning and Teaching Committee, acting on behalf of the Senate shall from time to time determine. 9.6 The findings of each case considered by an Academic Appeals Committee will be reported to the Senate.

10. Conduct of an Academic Appeals Committee 10.1 Each of the members of the Committee will be sent, under confidential cover, an agenda for the meeting, a copy of Appeals procedures, details of the appeal submitted by the student, a copy of the formal response to the student’s appeal by the Faculty and a copy of all the supporting evidence as provided by the Faculty and by the student. 10.2 The student and their representative will be supplied with all documentation and evidence provided to the Committee and used as a basis for determining the outcome of the case. 10.3 No new evidence in relation to the appeal will be accepted, either from the student or from their home Faculty, for consideration by the Committee during the Appeal hearing. 10.4 The conduct of the meeting will be informal and non-adversarial and will comprise a discussion between the student and the members of the Committee. The Associate 13

Dean from the student’s home Faculty will be in attendance to present the Faculty perspective and to clarify any points of detail and should have all necessary evidence available to them. The Associate Dean will not engage in questioning the student about statements or evidence provided. Any clarification that is required will be carried out via the Chair of the Committee. 10.5 Notwithstanding, the Chair of the Committee may, at any stage during or prior to the meeting, decide, in consultation with Complaints & Appeals Manager and/or the Disabilities Office, the Mental Health Manager and the Student Adviser that the student’s interests would be best served by the appeal being heard in a less formal setting. 10.6 In such cases the Chair will convene a sub-group to hear the appeal, comprising the student, the Student Advisor (or student’s friend), a member of the Committee and the Complaints & Appeals Manager. The final decision to alter the venue and conduct of the meeting will rest with the Chair of the Committee only. 10.7 The Committee will endeavour to conclude its proceedings during one meeting. However, should the Committee find it necessary to adjourn its proceedings, no more than one of its members may be absent when it is reconvened; where such a member is absent from a meeting, that member may not subsequently re-join the proceedings. 10.8 The Complaints & Appeals Manager will, at the start of the meeting, provide a synopsis of the procedures to those present and an overview of the consideration of the appeal up to that point. 10.9 The Chairperson will ask the student to explain the nature of their appeal to the Committee and to provide an overview of the evidence they have supplied to support their appeal. 10.10 The Chairperson will ask the Associate Dean if they wish to respond to any of the points that have been made or the evidence that has been provided on behalf of the Faculty. 10.11 At any stage in these proceedings members of the Committee may question the Associate Dean, the student or the student’s friend on a point of clarification. 10.12 The student, friend and the Associate Dean will be asked to withdraw. The Committee will then discuss the appeal. 10.13 In reaching its decision, the Committee will have available to it all documentation relevant to the case, including information about its previous consideration within the Faculty and/or by the Deputy Vice-Chancellor. 10.14 Normally, the student will be asked to return to the meeting room so that the decision of the Committee can be communicated to them at the end of the meeting. 10.15 The outcome of the appeal and any observations thought relevant by the Committee will be communicated to the student, and their home Faculty, in writing, 14

normally within 5 University working days of the meeting date, by means of a formal Completion of Procedures letter. 10.16 The decision made by the Academic Appeals Committee on behalf of the University is final and represents the completion of the University of Bradford’s procedures for consideration of the appeal. 10.17 The Chair of the Committee may document learning points for the Faculty arising from the information supplied at the meeting. The learning points will be communicated to the Faculty in writing by the Complaints & Appeals Manager via the Associate Dean and the Dean of Faculty. The Chair of the Committee may ask for a response to these points from the Dean, or the Dean’s nominee, within a specific timeframe. The response, and any actions arising as a consequence of the learning points, will be signed off by the Dean of Faculty. 10.18 The outcome of the consideration of the learning points is intended to contribute to the enhancement of the student experience and the quality of University of Bradford awards and as such, any issues arising from learning points may be discussed by the Learning and Teaching Committee of the University.

11. Appeals against a decision of an Academic Appeals Committee 11.1 The decision of the Academic Appeals Committee is final and is not subject to any further internal University of Bradford appeals process. 11.2 When issued with a Completion of Procedures letter, students will be informed that, should they be dissatisfied with the outcome of their case, they may be able to apply for a review of their case to the Office of the Independent Adjudicator for Higher Education (OIA) providing that the complaint they take to the OIA is eligible under its Rules. Such complaints must be made within 3 months of the date of the Completion of Procedures letter.

12. Student’s assessment or progression whilst appeals are pending resolution 12.1 In order not to disadvantage students who have appeals which are pending consideration, where such cases are not affected by Professional Body requirements, Faculties will permit such students to undertake supplementary assessment at their own risk in the modules which are the subject of review. 12.2 Students who are awaiting the outcome of an appeal will be permitted to undertake reassessment in modules in which they have not achieved the required pass mark. However, such supplementary assessment in undertaken at their own risk and 15

will only be marked and considered by an Assessment Committee/Board of Examiners if their appeal is upheld. If the appeal is not upheld, the work will not be marked, the attempt will be deemed null and void and the decision of the June Board of Examiners will stand. 12.3 Should be made clear to affected students that any notification of supplementary assessment is independent of and separate from the outcome of the appeal and should in no way be taken as an indication thereof. 12.4 Likewise, students who would otherwise be progressing into the next stage of their studies will be permitted to re-register, on the understanding that the outcome of their appeal may necessitate their withdrawal or intercalation from the course.

13. Monitoring and Reporting 13.1 It will be the responsibility of the Complaints and Appeals Manager to provide Faculties with data relating to the outcomes of breach cases involving their students in February each year. 13.2 It will be the responsibility of the Complaints and Appeals Manager to provide a University overview for consideration during the Annual Monitoring Process. This document will include a full data set (at University and Faculty level) and recommendations for policy/procedural development in response to issues arising from Faculty level impact assessments. 13.3 It will be the responsibility of each Faculty to undertake an Impact Assessment of the Faculty’s breach data by diversity categories, and to provide an analysis of this information for inclusion, by the Complaints and Appeals Manager, in the overview document. 13.4 All enquiries regarding these regulations should be directed to the Complaints & Appeals Manager, Amanda Hughes, at [email protected]

Last Updated May 2014 current with immediate effect Links Updated 26th October 2015

16