Regulations 2008-09

Regulation 12: Student progress, review and appeals

12.1 Except in the case of students registered for the MPhil or PhD degree, to whom special arrangements apply (see Regulations for Postgraduate Research Students), the following shall apply:

12.2 General

All questions relating to student progress and to eligibility to proceed to the next year of study fall within the purview of the relevant Board of Examiners or of the Student Review Committee to which Academic Board has delegated appropriate responsibility.

12.3 Performance in public examinations

12.3.1 The relevant Board of Examiners is empowered to dismiss or suspend temporarily a student on grounds of unsatisfactory academic progress because of failure in a public examination. (A public examination is an examination which constitutes a part of the assessment defined by the Regulations for the award which the student seeks.) The relevant Board of Examiners shall also determine whether, and on what conditions, a student may proceed to the next year of study, may be readmitted, or may repeat a year of study wholly or partly. It shall not, however, allow a student to continue or repeat a course in contravention of the Regulations governing the programme. At each meeting of a Board of Examiners a representative of the Academic Registrar shall be present.

12.3.2 Where a student, who is ineligible to continue, is required to repeat some or all of the previous year of study on a full-time basis, the College may give the student assistance in attempting to arrange for any existing financial support to be extended for the additional required period of study.

12.3.3 Notice of a decision to dismiss, stating the underlying reasons, will be sent to a student by recorded or registered delivery to his or her last known addresses as notified to the Registry. The College can take no responsibility if a student has failed to notify it of a change of address.

12.3.4 A student whose dismissal has been recommended may appeal in accordance with the Regulations. A student who has failed, under published Programme Regulations, to achieve a sufficient level of success in public examination to continue their programme of study, may only appeal against dismissal in so far as it is sought to have this converted to suspension until the failure has been recovered.

12.4 Unsatisfactory performance during a programme of study

12.4.1 Except in cases of failure to complete a course, or in cases of prescribed training to be undertaken outside the College where separate provisions are specified in the Programme Regulations, the Head(s) of Department concerned must advise students in writing that their academic performance is unsatisfactory, will cite the reasons for this (such as failure in departmental examinations, poor attendance, failure to present required work, presentation of work of an inadequate standard, insufficient preparation) and will inform them that, unless sufficient improvement is shown, their dismissal will be recommended to the Student Review Committee (the Committee). During this period the student will be deemed to be on probation. Unless the Regulations for the programme provide otherwise, the Head(s) of Department will, not less than four weeks later, either confirm to the student that the necessary improvements have been effected or recommend the appropriate action to the Committee.

12.4.2 The Committee may call students or staff to gain further information.

12.4.3 The Committee may then, having considered all the circumstances surrounding the case:

1. take no action at this stage
2. permanently dismiss a student from the College
3. temporarily suspend a student
4. alternatively advise a student (who is ineligible to continue) to repeat some or all of the previous year of study either full-time or part-time. (In the former case the College will give the student assistance in attempting to arrange for any existing financial support to be extended for the additional required period of study.)

12.4.4 Students will be informed of the decisions of the Committee as soon as possible.

12.5 Appeals against dismissal

12.5.1 A student who has been dismissed on academic grounds by the relevant Board of Examiners or by the Committee shall have the right of appeal to the Warden against that dismissal. Such an appeal will only be considered if it reaches the Warden within fourteen days of the date of the notification to the student of the decision of the relevant Board of Examiners or of the Committee, and if it sets out in full the grounds for the appeal.

12.5.2 If the Warden believes that additional evidence has been presented which may justify the reversal of the decision to dismiss the student, the Warden may refer the case to the relevant Board of Examiners or to the Committee for reconsideration without prejudice to the right of appeal by the student against its subsequent decision; otherwise the Warden shall hear the appeal together with a body of Assessors comprising two senior members of the academic staff, appointed by the Warden, who have not in any way been directly associated with the teaching of the student or involved in the circumstances leading to the Appeal. However, if the Warden has been involved in any way in the initial decision permanently to suspend the student from the College, his or her place at the hearing shall be taken by an independent member of the Council, and the immediately following Regulations shall be so construed. If the Warden and the two Assessors are not present, the hearing shall be postponed.

12.5.3 Evidence for the College shall be given by the Pro-Warden appointed by the Warden to undertake this role, and by the relevant Head of Department (in the case of a student following a combined degree programme, the Head of only one department).

12.5.4 The appellant, who may be accompanied by a friend (who may be a representative of the Students' Union), shall give evidence on his or her own behalf. At the request of the appellant, if the Warden and Assessors so agree, the friend may also speak on his or her behalf.

12.5.5 Further witnesses shall only be permitted to give evidence if the Warden and Assessors are prepared to admit them.

12.5.6 The decision of the Warden and Assessors shall be final and the student will be informed thereof as soon as possible.

12.6 Appeals

12.6.1 Introduction

These regulations apply to all students except those enrolled on research programmes. Appeals from candidates for the research degrees of MPhil and PhD are considered under University of London procedures, and appellants should follow the appropriate guidance issued by the University.

12.6.2 Grounds for appeal

Students have the right to appeal on the following grounds:

1. that examiners were not aware of circumstances affecting the student's performance,
2. that there was some form of administrative error or procedural irregularity in the way in which an examination or assessment was conducted,
3. that there is evidence of prejudice or of bias on the part of one or more of the examiners such that the validity of the result of the examination is called into question.

12.6.3 Subject of an appeal

An appeal may be lodged against: an individual assessment result; the classification of award; the requirement to repeat elements prior to progression; failure of the programme; or the decision that a student be required to withdraw from the University because he or she has failed to satisfy the requirements for academic progress.

12.6.4 Where an appeal will not be considered

Appeals may not be based on ignorance of assessment requirements or submission deadlines. There is no right of appeal against the academic or professional judgement of the examiners. The only circumstance in which approved assessments may be reviewed is following a successful appeal on the grounds set out above.

12.6.5 How to avoid the need to appeal

Candidates should make sure that, whenever possible, any evidence of medical or other problems which might affect an assessment is notified to the Examinations Officer in advance of the meeting of the Board of Examiners at which his or her results are considered.

12.6.6 How to appeal

If a student wishes to appeal, he or she must submit a request on the appropriate form [download to become available here during the academic year] to the Academic Registrar within 21 days of the publication of the results against which the appeal is being made. Appeals received outside this time limit may be accepted at the discretion of the Academic Registrar. Students considering making an appeal are strongly encouraged - but not required - to seek informal advice from the Students' Union or from their Departmental Senior Tutor.

12.6.7 Process for consideration of an appeal

The completed request will be referred to the Chair of the relevant Examination Board for comment. Following that stage the Academic Registrar will consider whether there is a prima facie case and either uphold or dismiss the appeal. If appropriate, supplementary information may be sought, for example from the Head of Department.

Students should expect to receive an initial response within four weeks of submitting the pro forma, though the process may take somewhat longer for appeals received out of term. Where the process is likely to take longer than four weeks, students will be notified of that.

In all cases, students will be informed of the stages of consideration to which an appeal has been subject and of the basis upon which the appeal has been granted or denied and of any remedial action.

12.6.8 Successful appeals

The remedy will vary according to the case and may be at the discretion of the Pro-Warden appointed by the Warden to oversee appeals under this Regulation. It is not required to specify the remedy sought through the appeal.

12.6.9 Unsuccessful appeals

If a student has appealed unsuccessfully and is dissatisfied with the outcome, he or she may appeal to the Office of the Independent Adjudicator (OIA). The OIA will only consider a petition once the College's own internal procedures have been exhausted. In order to submit an appeal to the Office of the Independent Adjudicator a student must obtain a letter of completion of procedures from the Academic Registrar's Office.