Academic Appeals Procedure

1. Introduction

1.1 The Academic Appeals Procedure allows students to appeal against the decision of an Examination Board/ Progression and Awards Examination Board, if it is believed that an error occurred under the grounds outlined in Section 4.

1.2 For the purpose of this procedure, and in line with the revised UK Quality Code for Higher Education (the Quality Code), an academic appeal is defined as: ‘a request for a review of a decision of an academic body around a mark, outcome or decision. Students may appeal an outcome on the basis of evidence or procedure, but not on the basis of disagreement with academic judgement.’

1.3 An academic appeal relates to the mark or grade a student is given for an assessment, or a decision about their progression or award, which is confirmed by an Examination Board/Progression and Awards Examination Board.

1.4 A student shall have the right to appeal once against a single decision of an Examination Board/Progression and Awards Examination Board.

2. Principles

2.1. The procedure is based on the principles of fairness and transparency and is in keeping with the Quality Code, and the Office of the Independent Adjudicator for Higher Education’s Good Practice Framework for Handling Complaints and Academic Appeals.

2.2. The procedure is set out to ensure:

• timely resolution of appeals, with an emphasis on local resolution at the earliest opportunity
• processes, decisions and the reasons behind them are clear and there is opportunity for independent review
• students are supported

2.3 Students should be assured that they will not suffer any disadvantage or recrimination as a result of making an appeal in good faith.

2.4 Albion will make reasonable adjustments at any stage of the proceedings to accommodate the needs of students.

2.5 Albion follows guidance by the Office of the Independent Adjudicator for Higher Education’s Good Practice Framework for Handling Complaints and Academic Appeals. The outcome of an academic appeal may include practical remedies or, in certain circumstances, financial redress. If the outcome of an appeal results in a financial remedy being offered, and the student has outstanding debt(s), Albion may reserve the right to apply that amount to towards that debt.

3. Confidentiality

3.1 All information obtained within the process of the appeal will be held in accordance with Data Protection legislation.

3.2 Students must note that information about appellants will be kept confidential, except where the disclosure is necessary to progress the appeal or implement a decision on the appeal, or where it is required by law or in the public interest.

3.3 In submitting an appeal the student understands that their appeal will be shared with the staff member responsible for conducting the investigation into the matters raised, and that the content of their appeal may need to be disclosed to relevant staff in order for the appeal to be investigated and/or resolution sought. If there are elements of a student’s appeal which are particularly sensitive and they have concerns about their confidentiality, they are welcome to raise this with the Director of Operations.

3.4 Students should avoid disclosing unnecessary personal information (e.g., medical conditions etc.) in their appeal unless they feel that it is relevant to the issues raised. Students must also avoid disclosing personal data of another person/s in their complaint unless they have been given permission by them to do so.

4. Grounds for Appeal

4.1 A student may only request an appeal on one or both of the following grounds:

a) that, at the time of the assessment, there existed circumstances which adversely affected the student’s performance and which the student was unable to communicate to the Examination Board/ Progression and Awards Examination Board before it reached its decision. In making such a case, the student shall provide valid documentary evidence where appropriate. Retrospective medical certification will not be accepted as valid;

b) that there has been an administrative error or procedural irregularity during the conduct of the relevant assessment of such a significant nature as to have materially affected the approved grade or mark awarded.

4.2 This procedure may only be used where a student is seeking to have a Board of Examiners/Progression and Awards Examination Board decision reviewed. Disagreement with the academic judgement of an Examination Board/Progression and Awards Examination Board in assessing the merits of an individual piece of work or in reaching any assessment decision based on the marks, grades or other information relating to a student’s performance is not a valid ground for appeal. Students do not have the right to request that an assessment is re-marked.

4.3 If a student is dissatisfied with teaching, supervision, academic advice or other service provision during their programme of study, they may submit a complaint under Albion’s Student Complaints Procedure. Students must raise such concerns as and when they occur, as these cannot be considered later as grounds for an academic appeal. If you submit an appeal which is considered would be more appropriately dealt with as a complaint, Albion may decide to follow the complaints procedure instead of, or as well as, the appeals procedure, depending on the nature of the issues raised. Students will be advised accordingly if this is the case.

4.4 It is recognised that some cases can involve a combination of issues, where a number are related to an appeal and others are not, and Albion will assess each case individually. In these circumstances, the student will be informed which issues will be considered under which procedure and they will be directed to the alternative procedure as appropriate to allow all issues to be considered. Students will be advised of the effects, if any, of following two procedures at once, particularly where one procedure may be suspended until the other is completed.

4.5 Where there is significant overlap, Albion may decide to consider matters together, if the student agrees to this. For example, if an appeal includes matters that could also be dealt with under other procedures, such as the Student Complaints Procedure, a joint investigation may be carried out. In such cases, the student will be informed where responsibility for the overall investigation lies and who will issue the final decision.

5. Who can appeal?

5.1 The procedure may be used by anyone who is, or was recently, an enrolled student at Albion. Please note that Section 7 of this procedure outlines specific timescales within which appeals should be lodged by students.

5.2 Albion expects that students who wish to appeal should be responsible for submitting an academic appeal themselves. An academic appeal from a third party, for example, from a parent or spouse will only be accepted in exceptional circumstances, at the discretion of the Head of Governance, where it is deemed reasonable for the student to not be able to submit the appeal themselves. The student must provide valid reasons for this request and their written consent for the named third party to act on their behalf.

5.3 Students may be accompanied by, supported or advised at any stage of the procedure by another member of Albion community, (which is a person who is a currently enrolled student of Albion, or a member of staff of Albion, or a member of staff). If a student is under 18 years of age they must be accompanied by a parent, guardian or other responsible adult.

6. How to Appeal

6.1 If a student believes they have valid grounds for appeal, there are three stages they should follow:

1. Early Resolution (before making a formal Appeal): students should firstly raise the matter informally at a local level with the relevant Module/Course Team, as soon as it arises.
2. Formal Academic Appeal: if the matter cannot be resolved informally / locally, and if there are grounds, students can submit an academic appeal, which will be dealt with formally.
3. Review: if the student remains dissatisfied with the response to their formal academic appeal, they can request a review.

7. Timescales

7.1 Early Resolution: students should raise informal academic appeal-related queries as soon as they arise, with the appropriate Module / Course Team to allow them to be investigated and dealt with quickly. Students should note that the next stage of the procedure (formal appeal) is only available if it is received within 20 working days of the Examination Board / Progression and Awards Examination Board meeting where the mark was confirmed, and that this period includes the time needed for the appeal to be raised first informally.

7.2 Formal Academic Appeal: if a student remains dissatisfied with the response to their informal appeal-related query, and if there are relevant grounds to take it further (refer to Section 4. Grounds for Appeal), they can move to the formal academic appeal stage. This must be within 20 working days of the Examination Board / Progression and Awards Examination Board meeting where the mark was confirmed. If a student’s formal academic appeal is received more than 20 working days after the Examination Board/ Progression and Awards Examination Board meeting where the mark was confirmed, it will only be considered at the formal stage if there is good reason for the delay and which can be evidenced.

7.3 Review: if a student is not satisfied with the outcome of the formal academic appeal stage, and they meet the grounds, they have 10 working days to ask for a review.

7.4 Time Period for consideration of an Appeal: Albion will endeavour to process academic appeals as quickly as possible, and to complete the processing of a formal appeal and any associated review within 90 calendar days. Within that 90-calendar day timeframe, students must meet any deadlines for the submission of documentation and attending meetings. There may occasionally be circumstances when the timeframe needs to be extended for different stages of the procedure for good reason, particularly if the appeal is complex, extensive, or was submitted at a time when key staff are away from Albion. If this is the case, the student will be notified and regularly informed of progress.

7.5 Albion defines a ‘working day’ as Monday to Friday excluding bank holidays and other days when Albion is closed.

8. Early Resolution (Before making a Formal Academic Appeal)

8.1 Before considering whether or not there are grounds for a formal appeal, it is important that the student firstly discusses the matter with the appropriate staff from the relevant Module or Course Team, to see if any informal resolution can be achieved.

8.2 This can help students fully understand why they were given a particular assessment mark or grade, or the reasoning behind, and implications of, a progression or award decision. This may also assist students to decide whether it is appropriate to submit a formal academic appeal. It is important to understand that Albion must maintain academic standards and remain fair to all students, so an assessment outcome will only be changed as a result of an appeal where there is clear evidence that the original outcome was unsound.

8.3 Staff should make every effort to resolve appeals informally but, in the interests of the student, may suggest a formal academic appeal if an informal resolution cannot be reached, or the issues raised are complex and require detailed investigation.

9. Formal Academic Appeal

9.1 If, after attempting to resolve the matter informally at a local level a student wishes to proceed with a formal appeal, this must be made and submitted by email.

9.2 On the email, the student must make a full statement of the grounds for appeal and provide appropriate supporting evidence. This may include copies of relevant email correspondence to and from staff concerning your issue, death certificates, medical certification of health conditions affecting you (if it is relevant to the issues raised) etc. Students must avoid disclosing personal data of another person/s in their appeal unless they have been given permission by them to do so. Students should also outline how they have attempted to resolve the matter informally at a local level, and what remedy they are seeking to their formal appeal.

9.3 It is the responsibility of the student to ensure that they raise all relevant issues and that they provide all the necessary information and supporting documentation at the point of submission. The Governance Team may ask the student to provide further information or evidence and will set an appropriate time limit for this to be made available by the student.

9.4 Students should expect to receive an acknowledgement to their formal appeal via email within 3 working days of receipt. If you have not received an acknowledgement within 5 working days, please check that your appeal has been received.

9.5 Notification of the formal appeal will be communicated to the Chair of the Examination Board/Progression and Awards Examination Board. A written response to the issues raised in the appeal will be requested as well as any other relevant information for consideration. A response will be sent to the student so that if they choose, they can make a further written submission based on the response, before the Academic Appeals Group considers the case.

10. Consideration of Formal Appeal by Academic Appeals Group

10.1 An Academic Appeals Group consisting of the Senior Executive (or nominee), the Chair of the Governance and Nominations Committee (or nominee) will meet at the earliest opportunity to discuss the formal appeal. No members of the Academic Appeals Group will have a connection with the student, or be involved in the appeal, or had any prior involvement in the case (with the exception of Governance Team and staff advising the student on the academic appeals process).

10.2 The Academic Appeals Group will reach a decision with the following possible outcomes:

10.2.1 There is sufficient evidence for the student’s appeal to be upheld and the Academic Appeals Group recommends reconsideration by the Examination Board/ Progression and Awards Examination Board;

10.2.2 Advice is given to the student that the Academic Appeals Group considers that:

a) There is not a case for successful appeal because there is insufficient evidence for the Academic Appeals Group to uphold the appeal but the student may request that this be considered further by an Academic Appeals Review Panel;

b) The appeal is rejected as invalid because it is made against the academic judgement of the examiners, or is made outside the published deadlines or for other good reason identified by the Academic Appeals Group.

10.3 The Head of Governance and staff or nominee will inform the student of the outcome of the Academic Appeals Group via email normally within 5 working days of the meeting. The decision of the Academic Appeals Group will be communicated to the Chair of the Examination Board / Progression and Awards Examination Board at the same time as the student is informed.

10.4 If an appeal is rejected as invalid by the Academic Appeals Group and a student is dissatisfied with the outcome, they may submit a request for review, providing they meet the grounds for this. The limited grounds for requesting a review are as follows:

• there was a procedural irregularity in how Albion followed the process at the formal stage
• a consideration of whether the outcome was reasonable in all the circumstances
• there is new evidence which the student was unable, for valid reasons, to provide earlier in the process

10.5 If a student wishes to request a review of the decision by the Academic Appeals Group, they must submit a request by email or by post within 10 working days from the date of the decision of the Group. The student should specify the grounds on which they are specifying a review, why they disagree with the appeal outcome, and the remedy they are seeking. Albion Secretary and Registrar may delegate the review to an appropriate person; neither will have been involved at any previous stage.

10.6 The purpose of the review is to consider whether correct procedures were followed and whether the outcome was reasonable. At the review stage, Albion would not normally consider the issues again or investigate the matter further. Albion Secretary and Registrar or delegate will base the decision on the written material submitted in relation to the formal appeal, a written statement of the outcome of the appeal, and the student’s written case for the review. New grounds of appeal or new evidence will not normally be considered at the review stage, unless there is new material evidence which the student was unable to provide earlier in the process, for valid reasons

10.7 Albion Secretary and Registrar or delegate will communicate their decision to the student in writing as soon as possible and normally within 10 working days. The decision of Albion Secretary and Registrar or delegate will be final as far as Albion’s internal procedures are concerned. The student will receive a Completion of Procedures letter. If the student remains dissatisfied, they may apply for a review by the Office of the Independent Adjudicator, if their case is eligible under its Rules.

11. In the event of an appeal being upheld by the Academic Appeals Group

11.1 The Examination Board/ Progression and Awards Examination Board will be advised by the Academic Appeals Group that it considers there are grounds for the appeal to be upheld, and it will recommend reconsideration of the original decision and the Examination Board/ Progression and Awards Examination Board will be required to reconsider its decision.

11.2 If the Examination Board/Progression and Awards Examination Board declines to modify its decision the Senior Executive may arrange on behalf of Academic Board for specific action to be taken to amend the decision of the Examination Board/ Progression and Awards Examination Board and make alternative arrangements for the assessment of the student.

12. In the event the Academic Appeals Group issues further advice that a case could be considered by an Academic Appeals Review Panel

12.1 Where the Academic Appeals Group issues advice that an appeal could be considered further by an Academic Appeals Review Panel, the student must notify Governance Team whether they wish to proceed with this in writing within 10 working days from the date of the Group’s decision, by email or by post.

12.2 No further documentation will be required from the student unless they feel that there is documentary evidence which would assist the Academic Appeals Review Panel. It is not normally possible to introduce new grounds for appeal at this stage, unless it relates to evidence that could not have been provided sooner e.g., a medical specialist’s report that was received after the student submitted their appeal.

12.3 When a student decides to proceed with an appeal, the case will be considered by an Academic Appeals Review Panel which shall be a sub-committee of the Academic Board.

13. Establishment of an Academic Appeals Review Panel

13.1 An Academic Appeals Review Panel shall comprise:

• A Chair (identified from amongst the senior members of staff of Albion)
• Two academic staff who are not members of the relevant Examination Board, one of whom should normally be a member of Academic Board
• One student member who has no connection with the student or the academic programme involved, and has not been involved in advising the student
• Academic Registrar or nominee (non-voting Secretary)

A quorum will be three voting members including the Chair.

13.2 No members of the Academic Appeals Review Panel will have a connection with, or will have previously advised, the student or be involved in the appeal (with the exception of Governance Team and staff advising the student on the academic appeals process).

13.3 The Governance Team will arrange for the hearing of the appeal at the earliest opportunity and provide adequate notice to all parties. Documentation presented to the Academic Appeals Review Panel relating to the appeal will also be provided to the student and the Chair of the relevant Examination Board or their representative. Any additional communications or documentation received after the deadline set by Governance Team will not be accepted for consideration by the Panel, except at the sole discretion of the Chair of the Panel.

13.4 The student will be invited to attend the hearing, as will the Chair of the relevant Examination Board/ Progression and Awards Examination Board or his / her representative, and / or other appropriate members of academic staff. The student may be accompanied by a member of Albion community, (which is a person who is a currently enrolled student of Albion, or a member of staff of Albion). The student must make their own arrangements for this, and confirm the name and status of the person accompanying them in writing to Governance Team no less than 4 working days before the hearing and keep them informed of any changes. Students under the age of 18 must be accompanied by a parent or guardian.

13.5 Albion expects the appellant to attend the hearing and requires all parties to make reasonable efforts to find a mutually suitable date within the desired timeframe. In the event that the hearing date cannot be found within the desired timeframe or has to be delayed, all parties will be kept informed as to the reasons for this.

13.6 On the basis that reasonable steps have been taken to find a mutually suitable date for the hearing, Albion will not normally rearrange the date of a hearing due to the absence of the student. If the student is unable to attend, they may nominate a representative to attend on their behalf, providing that the representative is also a member of Albion community. The Chair of the Academic Appeals Review Panel will decide how the Panel will proceed with an appeal in the voluntary or unavoidable absence of the student and whether or not it will permit a proxy to be nominated to represent the student.

14. Consideration of Formal Appeal by an Academic Appeals Review Panel

14.1 In the interest of natural justice, both the appellant and the Chair of the relevant Examination Board/ Progression and Awards Examination Board or their representative, and / or other appropriate members of academic staff will normally be invited to be present at the hearing at the same time so that both parties will hear all of the evidence presented to the Panel and have the opportunity to comment on it.

14.2 The student may opt not to attend at the same time as the other parties and should confirm this preference in writing when they receive notification of the Academic Appeals Review Panel date.

14.3 Albion will normally expect that if the student is happy for all parties to be present, staff members will also agree to be present. However, Albion recognises that this may not be reasonable in all cases and a member of staff as well as the student may request to be heard separately by the panel if they have particular grounds for making the request. The appropriateness of an invitation for both parties to be present at the same time is a matter on which the Chair may exercise discretion depending on the nature of the case.

14.4 The Academic Appeals Review Panel will normally take place via Microsoft Teams unless the student wishes for it to be held in person, and it is possible for Albion to accommodate the request.

14.5 The Chair will provide the Panel of the Academic Appeals Review Panel with an initial briefing before the student and appropriate members of staff join the meeting.

14.6 The student will be invited to present a case and to answer any questions of clarification. The Chair of the Examination Board/ Progression and Awards Examination Board or their representative, and other appropriate members of staff will be invited to make an initial statement responding to the appeal and will also be asked questions of clarification. If the student is accompanied by a member of Albion community, they may speak on behalf of or otherwise represent the interests of the student but may not give evidence except on matters of which they have direct knowledge.

14.7 The Panel may call any other members of staff or students it considers might assist it in reaching a decision. Any such persons shall be notified in advance of the meeting.

14.8 The student and members of academic staff will be asked to withdraw.

14.9 The Panel will consider the evidence and reach a decision. The possible outcomes of the hearing are:

a) The appeal is not upheld;

b) The appeal is partially upheld, and the Panel recommends reconsideration by the Examination Board/ Progression and Awards Examination Board; and

c) The appeal is upheld, and the Panel recommends reconsideration by the Examination Board/ Progression and Awards Examination Board.

14.10 There may be occasions on which the Panel cannot make its decision without re-convening at a subsequent date and time. In such cases, the student and the members of staff will be notified. Considerations of the Panel will be confidential and, where necessary, its decision will be reached by ballot. The Chair will have a casting vote in the event of a tie.

14.11 The student will be informed of the result of the appeal by the Secretary to the Academic Appeals Review Panel (i.e., the Academic Registrar, Head of Governance, or nominee) in writing (via email) and normally within 5 working days of the meeting. If this timescale is to be extended for any reason, the student will be advised in writing.

14.12 The decision of an Academic Appeals Review Panel will be communicated to the Chair of the Examination Board/ Progression and Awards Examination Board at the same time as the student is informed.

14.13 In the event of a successful appeal the Examination Board/ Progression and Awards Examination Board will be advised by the Academic Appeals Review Panel that it considers there are prima facie grounds for reconsideration of the original decision and the Examination Board/ Progression and Awards Examination Board will be required to reconsider its decision.

14.14 If the Examination Board/ Progression and Awards Examination Board declines to modify its decision the Senior Executive (or nominee) may arrange on behalf of Academic Board for specific action to be taken to amend the decision of the Examination Board/ Progression and Awards Examination Board and make alternative arrangements for the assessment of the student.

15. Office of the Independent Adjudicator

15.1 If a student has completed Albion’s internal Academic Appeals and they are still dissatisfied with the outcome, they may be able to refer their appeal to the Office of the Independent Adjudicator for Higher Education (OIA) providing that it is eligible under the OIA’s Rules.

15.2 Where a student has exhausted Albion’s internal appeals procedure, they will be issued a Completion of Procedures letter by Albion. If a student wishes to submit their appeal to the OIA for review, they must do this within 12 months of the receipt of their Completion of Procedures letter; the letter will confirm the deadline by which the student may refer their appeal to the OIA. Further information regarding the OIA is available at: www.oiahe.org.uk.

16. Recording, Reporting and Organisation Learning

16.1 Albion will record academic appeals in sufficient, proportionate detail for analysis and management reporting to allow the causes of appeals to be identified, addressed and, where appropriate, for training opportunities and improvements to be introduced.

16.2 On an annual basis, an anonymised report on the number and nature of formal academic appeals considered and outcomes will be presented to the Academic Board. This process will ensure appropriate monitoring of all appeals and related outcomes and is intended to facilitate learning from appeals.

16.3 Albion will keep and dispose of records relating to appeals in accordance with its Data Protection Policy and its Records Retention Schedule.