EDINBURGH NAPIER UNIVERSITY THE UNIVERSITY S ACADEMIC REGULATIONS : MITIGATING CIRCUMSTANCES PROCEDURES AND ACADEMIC APPEAL REGULATIONS

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1 EDINBURGH NAPIER UNIVERSITY THE UNIVERSITY S ACADEMIC REGULATIONS : MITIGATING CIRCUMSTANCES PROCEDURES AND ACADEMIC APPEAL REGULATIONS Introduction These procedures and regulations apply to all matriculated students of the University in respect of decisions relating to student progression and/or academic awards, with the exception of students registered under the provisions of the Research Degrees Regulations. All references to Faculties and Mitigating Circumstances Boards have been taken to include Lifelong Learning Services for the purposes of considering academic appeals from students on Customised Programmes. A flow chart of the various stages in the procedures is included at the end of these regulations to help understanding. 1. MITIGATING CIRCUMSTANCES 1.1 Definition of Mitigating Circumstances Mitigating Circumstances would normally be illness or personal circumstances that adversely affected a student s performance in an assessment or for a significant period of time in a semester/trimester 1.2 Submission of Mitigating Circumstances All mitigating circumstances must be submitted by the student in writing to the Faculty Manager/ Customised Programmes Administrator using the appropriate form (MC1 which is available from the University website and an example is at Appendix 1). A receipt will be issued on submission of the form and this should be retained by the student as confirmation that the information was submitted. Details of mitigating circumstances may be submitted at any time during the academic year, provided the deadline for the submission of mitigating circumstances is no later than 5 working days after the end of an examination diet. Page 1 of 18

2 1.3 Advice and Guidance Students are advised to seek advice and guidance in the preparation of their submission from, for example, one of the following: Napier Students Association Student Support Services Faculty Advisors of Study Programme Leaders Module Leaders Personal tutors Occupational Health Service Student Charter Helpline Trade Union Representative (Nursing and Midwifery students only) Citizens Advice Bureaux All claims for mitigating circumstances must be supported by evidence. 1.4 Constitution of a Mitigating Circumstance Board i) Faculties: The Associate Dean (Academic Quality and Customer Service) (Chair), all Heads of School (or their nominee) from the Faculty concerned and a senior member of academic staff from another Faculty. The Faculty Manager will act as clerk to the Board. ii) Customised Programmes: Director of Academic Development (Chair), Director Customised Programmes, a representative from each Faculty. The Customised Programmes Administrator will act as Clerk. 1.5 Quorum The quorum will be a minimum attendance by three academic staff including the Chair and a senior member of staff from another Faculty. Any substitute must be approved by the Chair in advance of the meeting. 1.6 Timing of Meetings The Mitigating Circumstance Board will meet not less than 48 hours prior to the Programme Board of Examiners and no individual results will be available to members. 1.7 Decisions of Mitigating Circumstances Boards i) The Mitigating Circumstance Board will decide whether or not the circumstances submitted could have materially affected the student s performance. A minute will be taken of each case discussed. Page 2 of 18

3 ii) iii) iv) Detailed information on all the submitted claims considered by the Mitigating Circumstances Board will be forwarded to the Chairman and Secretary of the appropriate Programme Board of Examiners where the decision taken will be recorded in detail as an appendix to the Programme Board of Examiners minute. Where the mitigating circumstances described constitute a valid case, the student s case will be brought to the attention of the Programme Board of Examiners by the Chair of the Programme Board of Examiners and an appropriate decision will be taken, in relation to the effect the mitigating circumstances had on the student s work. The Programme Board of Examiners will not discuss in detail the mitigating circumstances brought forward from the Mitigating Circumstances Board, but will take decisions in the light of the advice from the Mitigating Circumstances Board. v) Mitigating circumstances which were presented to the Mitigating Circumstances Board but did not constitute a valid case may not be raised again at the Programme Board of Examiners. vi) vii) Following the meeting of the Programme Board of Examiners the notes-field on the student s electronic record will be updated to indicate that mitigating circumstances were considered. Information on whether mitigating circumstances have been considered in previous sessions will be flagged on the documentation available to subsequent Programme Boards of Examiners. Student s results letters will outline the consideration of mitigating circumstances by either the Mitigating Circumstances Board or Programme Board of Examiners and indicate that the final results reflect the consideration of these circumstances. 2. ACADEMIC APPEALS 2.1 Definition of an Appeal An appeal is a request from a matriculated student that a decision of a Programme Board of Examiners should be reviewed because it is believed that an injustice has occurred. Page 3 of 18

4 2.2 Grounds for an Academic Appeal (for further explanation see guidance notes) i) Information submitted on valid mitigating circumstances was not considered by the Programme Board of Examiners. ii) iii) iv) Information relating to mitigating circumstances became available but, due to the nature of the information or the personal circumstances of the student concerned, could not have been made available for submission to the Faculty Mitigating Circumstances Board and therefore was not considered by the Programme Board of Examiners at the time it made the original decision. The Programme Board of Examiners did not act in accordance with the relevant regulations and procedures. There was an administrative error in the recording, transcription or reporting of assessment results, the conduct of the programme or the assessment process (see also 2.3iii below). 2.3 Invalid Grounds for Academic Appeals(for further explanation see guidance notes) i) The student did not understand or was not aware of the published assessment regulations and procedures for a module, subject or programme. ii) iii) The student disputes the academic or professional judgement of the examiners in relation to marks, grades, progression or award The University has established procedures for complaint and redress which may arise during a programme of study and expects these to be resolved as and when they occur. In this context, alleged inadequacy of tuition or any other arrangements during the programme of study will not constitute grounds for an academic appeal unless there are exceptional reasons for the matter not to have been raised until after the assessment had been completed. 2.4 Academic Appeals Panel The University Academic Appeals Panel will consider all Academic Appeals submitted in accordance with these regulations. 2.5 Submission of Appeals (for further explanation see guidance notes) i) Students should submit all academic appeals using the appropriate form (AP1 which is available from the University website and an example is at Appendix 2) and supported by appropriate information. All Academic Appeals must be submitted to the Student Appeals, Complaints and Conduct Officer within 10 working days of the publication of results on the University Notice boards (manual and electronic). An acknowledgement letter will be issued after the Academic Appeal submission date, and this must be retained as evidence that the appeal was submitted. Page 4 of 18

5 ii) iii) iv) An Academic Appeal which is submitted outwith the specified timescales will not normally be considered. In very exceptionally cases only, and at the discretion of the Chair of the Academic Appeals Panel, a late appeal may be considered at the next available meeting of the University Academic Appeals Panel provided the submission is accompanied by details of the reasons for the submission being delayed. Under normal circumstances, students wishing to submit an academic appeal must do so before graduating with an award. Appeals will not normally be accepted from third parties. v) Academic Appeals will not normally be accepted until after a progression or an award board has had the opportunity to consider a student s performance for all modules in their current stage of study. 2.6 Advice and Guidance (for further explanation see guidance notes) Students are advised to seek advice and guidance in the preparation of their appeal, for example, from one or more of the following: Independent Student Advisory Service (located at Napier Student Association s offices) Programme Leaders Module Leaders Personal development tutors Trade Union Representative (Nursing and Midwifery students only) General guidance on the Appeals Process can also be obtained from: Student Affairs Faculty Advisers of Study 2.7 Consideration of Requests for Academic Appeals Following the closing date for the receipt of Academic Appeals, a group of staff will meet to review all appeals in order to establish whether or not the grounds for appeal set out in Section 2.2 have been met. The group will comprise: Student Appeals, Complaints and Conduct Officer Assistant Director (Student Wellbeing) Student Affairs Senior Academic members of staff (one per faculty, and normally members of School or Faculty Quality Committees). The initial consideration will have one of the following outcomes: i) If the grounds for appeal are not met or the Academic Appeal is judged to be vexatious or frivolous, the Academic Appeal will be rejected. The Student Appeals, Complaints and Conduct Officer will notify the appellant in writing detailing the basis of the decision. Page 5 of 18

6 ii) iii) iv) In the event that any factual information is required from the School before a decision can be made on whether the grounds for appeal have been met this will be requested before any decision is made. An opportunity will be provided for the appellant to challenge this preliminary decision. If the appellant takes up this opportunity the appeal will be judged by the Convenor of the Academic Appeals Panel. If the grounds for appeal are not met or the Academic Appeal is judged to be vexatious or frivolous, the Academic Appeal will be rejected. If the Convenor of the Appeal Panel judges that the grounds for appeal are met the appeal will move onto stage iv). This decision is final. The Student Appeals, Complaints and Conduct Officer will notify the appellant in writing detailing the basis of the decision. If the grounds for appeal are met, then the relevant School will be asked to comment on the appeal and to identify if there is a route to resolution. If there is a clear route to resolution which is acceptable to all parties this will be agreed by the Convenor of the Academic Appeals Panel and the Appeal will not be referred to the meeting of the full panel. The Student Appeals, Complaints and Conduct Officer will notify the appellant in writing detailing the basis of the decision. v) If the grounds for appeal are met, but there is no clear route to resolution, the appeal will be considered by the University Academic Appeals Panel. The Student Appeals, Complaints and Conduct Officer will notify the appellant in writing of the decision. 2.8 Composition of the Academic Appeals Panel The Panel will be chaired by either a Dean or an Associate Dean (Academic Quality and Customer Service), and will include a member of staff from each Faculty (drawn from the membership of Academic Board and its sub-committees) and the Student President (or his/her nominee). The Student Appeals, Complaints and Conduct Officer will act as clerk to the Academic Appeals Panel. The specific membership will be approved by the Academic Board at the start of each Academic Year. Membership of the Academic Appeals Panel (which is exofficio) will hold a tenure of up to two years, renewable once only. 2.9 Quorum A minimum of four members in attendance including the Chair and the student member of the panel Order of Business Academic Appeals will be considered in Programme Groups and the panel member from the appropriate Group will not normally participate in the decision making in relation to appeals from his/her own Group. Page 6 of 18

7 2.11 Frequency of Meetings i) The Academic Appeal panel will normally meet four times per year in April, August, November and December with two additional meetings being held solely to consider those cases lodged by Nursing and Midwifery students in order to comply with professional body requirements. The dates will be published in advance in the University Calendar. ii) Additional meetings may be arranged if necessary but alternative dates, to those published for Academic Appeals Panel meetings, will only be considered in very exceptional circumstances Appeals Panel i) Notification of the date and time of the meeting will be sent to the appellant five working days in advance of the meeting. ii) iii) iv) The appellant will be invited to attend the hearing of their Academic Appeal and has the right to be accompanied by a person of their choosing to provide support (normally a fellow student, a member of the University staff or a member of staff of Napier Students Association). Presentation of the Appeal to the Panel will normally be by the appellant. Where a student chooses not to attend the hearing it will not prejudice the consideration of the Appeal. v) The Appeals Panel will also receive a submission from the appropriate Programme Leader, or their nominee, either in writing or in person which will include details of appropriate remedies in the event of the Appeal being upheld. If the School is unable to provide a submission by the due date, the Appeals Panel hearing will still proceed. vi) After giving consideration to all the evidence presented the Panel will make one of two decisions : a) Appeal upheld b) Appeal not upheld The decision of the Panel is final. vii) In the case of the decision that the appeal should be upheld the Appeals Panel will also outline the action to be taken as a result of the appeal being upheld. viii) The outcome of all appeals will be given in writing to the appellant and the Chair of the Programme Board of Examiners concerned within 5 working days of the Panel Hearing. Page 7 of 18

8 2.13 Student Status During the period when the academic appeal is being processed (i.e. from the date the appeal is submitted until the Panel s decision) the appellant will be permitted to progress with his/her studies pending the outcome of the Appeal, with the exception of level 7 Nursing and Midwifery students Extent of Decision Where it is believed that the outcome of an individual appeal may have had an effect on a number of students in the cohort the matter will be referred back to the Chair of the Programme Board of Examiners for immediate action to be taken in relation to the remaining students similarly affected Reporting requirements An annual report outlining the number and nature of the Academic Appeals considered will be submitted to the Academic Board by the Director of Student Affairs in January of each year. 3. EXTERNAL REVIEW 3.1 Ground for Review A student may invoke the process of External Review if there is clear evidence that (a) there has been a breach of procedure which could have materially affected the outcome of the decision reached by the Panel and (b) all the procedures outlined in Section 2 have been exhausted. 3.2 External Reviewer The External Reviewer will be an academic of Head of School/Department grade or above with appropriate experience, appointed annually by the Academic Board, from outwith the staff of the University. The External Reviewer will only be empowered to consider procedural matters. 3.3 Submission i) A request for a External Review must be submitted in writing to the Student Appeals, Complaints and Conduct Officer within 10 working days of the receipt of the written confirmation of the outcome of the appeal hearing, detailing the grounds on which the request is based, and providing written evidence to support the request, and indicating the remedy being sought by the student. ii) On receipt of a request for an External Review the Student Appeals, Complaints and Conduct Officer and the Director of Student Affairs (or his/her nominee) will review all the documentation and determine whether there is a valid case for external review. If no valid case is determined the request will be rejected in writing outlining the reasons for the rejection. Page 8 of 18

9 3.4 Valid Case If a valid case is determined, the Student Appeals, Complaints and Conduct Officer will forward all the related documentation to the External Reviewer for consideration. 3.5 Outcome The External Reviewer will consider the evidence submitted and provide a written response (a) outlining the outcome of the external review of the individual case and, where the request has been upheld, indicating the action to be taken and (b) making recommendations to the Principal on any institutional matters that require to be addressed. The outcome of the External Review will be provided within 10 working days. The decision of the External Reviewer is final. 3.6 Remedy Where the case for external review is upheld by the External Reviewer, the Chair of the Academic Appeals Panel will consider the remedy required as a result of the outcome of the External Review. Page 9 of 18

10 Appendix 1 MITIGATING CIRCUMSTANCES FORM (MC 1) Please ensure you consult the Student MC guidelines before completing this form. Name: Matriculation No: School: Programme: Intake / Year of Study: Contact Telephone No: Contact Address: Please state clearly below the modules affected use a separate box for each. Module Number: Module Title: Period affected: Assessment Type: Module Number: Module Title: Period Affected: Assessment Type: Module Number: Module Title: Period Affected: Assessment Type: Module Number: Module Title: Period Affected: Assessment Type: In the spaces below please give clear information regarding your circumstances. You should use additional sheets if required. Please detail the nature of the Mitigating Circumstances. Please outline the impact of the Mitigating Circumstances. Have you previously submitted an MC1 form in respect of these circumstances YES/NO If YES please give details of dates, so that the previous form can be identified. Page 10 of 18

11 Please state clearly those who you have made aware of your circumstances: Programme Leader: Personal Tutor: Year Leader/Tutor: Administrator: NSA / ISAS: Student Support Services: Other (please specify) Please highlight the third party written evidence you have enclosed: Medical Certificate Letter from Counsellor Letter from Hospital Letter from NSA Letter from GP Financial Circumstances documentation Other evidence (please specify) Please ask the person who is supporting your application (as highlighted above) to complete the following section. After this has been completed, you should sign the form and submit it to the contact as specified overleaf. Comments on the mitigating circumstances: Has an extension to an assessment submission deadline been granted: NO/YES If YES what arrangements were made: Name: Signature: Designation: Date: Before you submit this form, you must ensure that all sections are complete and that you have signed the box below. The form will be date stamped when it is received, and confirmation of receipt will be posted to your home address or ed to your University account (NOT to other personal addresses). Signed: Receipt Stamp Date: FACULTY / SCHOOL USE ONLY Received By: Date: Page 11 of 18

12 YOUR MITIGATING CIRCUMSTANCES FORMS SHOULD BE SUBMITTED AS FOLLOWS FACULTY & SCHOOL Faculty of Engineering, Computing and Creative Industries School of Computing School of Creative Industries School of Engineering and The Built Environment Faculty of Health & Life Sciences School of Nursing, Midwifery & Social Care (Comely Bank) School of Nursing, Midwifery & Social Care (Canaan Lane) School of Life Sciences (SLS) School of Health & Social Sciences (SHSS) Napier University Business School School of Accounting, Economics & Statistics School of Management & Law School of Marketing, Tourism & Languages Centre for Customised Programmes CONTACT DETAILS All MC1 forms should be submitted to: Paul Nicholson Faculty Registrar Faculty of Engineering, Computing & Creative Industries Room C93 Merchiston Campus All MC1 forms should be submitted to: Assistant Faculty Manager, SNMSC, Comely Bank Assistant Faculty Manager, SNMSC, Canaan Lane Assistant Faculty Manager, SLS, Merchiston. Assistant Faculty Manager, SHSS, South Craig All MC1 forms should be submitted to: Shirley Scott Deputy Faculty Manager c/o The Faculty Office Room 2/58 Craiglockhart All MC1 forms should be submitted to: Secretary Lifelong Learning MC Board Centre for Customised Programmes 18 Blantyre Terrace Merchiston Campus Edinburgh EH10 5AE Page 12 of 18

13 Appendix 2 ACADEMIC APPEAL FORM (AP 1) Once completed, this form should be sent to: Student Appeals, Complaints and Conduct Officer, Napier University, 10 Colinton Road, Edinburgh, EH10 5DT Before completing this form please take time to read the information below on Academic Appeals. Further information is available from the Academic Appeal guidance notes. Please note that before an academic appeal can be considered at least one of the following four grounds of appeal must be met: 1. Information submitted on valid mitigating circumstances was not considered by the Programme Board of Examiners. 2. Information relating to mitigating circumstances became available but, due to the nature of the information or the personal circumstances of the student concerned, could not have been made available for submission to the Faculty Mitigating Circumstances Board and therefore was not considered by the Programme Board of Examiners at the time it made the original decision. 3. The Programme Board of Examiners did not act in accordance with the relevant regulations and procedures. 4. There was an administrative error in the recording, transcription or reporting of the assessment results, the conduct of the programme or the assessment process. Appeals must be based on one of the above grounds or they will not be considered. Students are advised to seek advice and guidance in the preparation of their appeal. Suggested contacts are: Independent Student Advisory Service Module Leaders Trade Union Representative (Nursing and Midwifery students only) Programme Leaders Personal development tutors All sections of this form must be completed 1. Personal Details Name Matriculation Number Contact Address Telephone Number Page 13 of 18

14 2. Programme Details Programme Title School Programme Leader Personal Tutor (if applicable) 3. Academic Appeal Information Please give the module numbers / titles and the Trimester this appeal relates to. 4. Grounds of Appeal (please mark X in one or more of the following boxes) Ground of Appeal 1 Information submitted on valid mitigating circumstances was not considered by the Programme Board of Examiners. 2 Information relating to mitigating circumstances became available but, due to the nature of the information or the personal circumstances of the student concerned, could not have been made available for submission to the Faculty Mitigating Circumstances Board and therefore was not considered by the Programme Board of Examiners at the time it made the original decision. 3 The Programme Board of Examiners did not act in accordance with the relevant regulations and procedures. 4 There was an administrative error in the recording, transcription or reporting of the assessment results, the conduct of the programme or the assessment process. (X) Page 14 of 18

15 5. If you are submitting an appeal based on Mitigating Circumstances please confirm: Did you submit a Mitigating Circumstances Form (MC1) to your school at the time of the module/assessment? YES (X) NO (X) What was the outcome? VALID (X) NOT VALID (X) If you did not submit Mitigating Circumstances to your school, please state why these could not be submitted? Please indicate the nature of the mitigating circumstances you wish to be considered and attach supporting evidence. 6. If you are appealing on the basis that the Board of Examiners did not act in accordance with the relevant regulations and procedures please give details: Page 15 of 18

16 7. If you are appealing on the basis that there was an administrative error in the recording, transcription or reporting of the assessment results, the conduct of the programme or the assessment process please give details 8. All appellants must complete the following sections: Please detail the evidence being submitted to support your appeal: Please indicate the remedy you are seeking: If there is an appeal hearing do you wish to bring someone with you If Yes, please supply name and contact details: YES (X) NO (X) Do you wish all future communications copied to another person? If YES please supply name and contact details: YES (X) NO (X) PLEASE SIGN AND DATE THIS FORM Signed: Date: Please complete this form in conjunction with the Academic Appeals regulations which can be found at Page 16 of 18

17 ACADEMIC PROGRESS FLOW CHART ACADEMIC PROGRESS QUERY Admin error or mitigating circumstances available after MCB meeting Mitigating Circumstances Form [MC1] Registered student claims mitigating circumstances adversely affected his/her assessment. Form sent to Faculty Manager/Customised Programme Administrator (Section 1.2) Mitigating Circumstances Boards (MCB) Chaired by Dean of Faculty/Director of Lifelong Learning Services (Sections ) Programme Board of Examiners Receive advice from MCB on students performance (Section 1.7) Not Satisfied Satisfied Academic Appeals Form [AP1] Request by student to review decision of PBE (Sections ) Academic Appeals Board Specific membership approved by Academic Board (Sections ) Not Satisfied Satisfied External Review Head appointed by Academic Board from academic staff at another University (Section 3) Page 17 of 18

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