ARC Guide to Phase 2 of Academic Appeal
Contents
What is this Guide about?....................................................................................................................... 2
What is a Formal Appeal (PHASE TWO)? ................................................................................................ 2
Grounds for an Appeal ............................................................................................................................ 2
What can’t I appeal against?................................................................................................................... 5
How to Appeal ........................................................................................................................................ 5
What happens after my Phase 2 Appeal has been submitted? .............................................................. 5
Academic Appeals: Full consideration by the Committee ...................................................................... 6
Would I have to attend a hearing? ......................................................................................................... 6
What if I am unhappy with the outcome of my Formal Appeal? ........................................................... 7
Useful Links ............................................................................................................................................. 8
What advice and help can I expect to receive from the Advice & Representation Centre? .................. 8
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What is this Guide about?
This Guide is about appealing unsuccessful outcome of the Internal Resolution (IR)request. IR is the
1st phase of appealing process. This Guide is about 2nd phase- taking your appeal to the University’s
Academic Appeal Committee.
If you are just starting your appeal, please read our Guide to Internal Resolutions first. You can find it
in the University Procedures section of the website.
The process of academic appeals is governed by Senate Regulation 12
University’s own academic appeal guidance can be found here
What is a Formal Appeal (PHASE TWO)?
A formal Appeal can only be submitted if you have already submitted and received an outcome to
the Internal Resolution request.
If you are not happy with the result of Internal Resolution, you may want to submit a Formal
Academic Appeal to the University’s Academic Appeals Committee within 15 working days from
receiving the outcome of your Internal Resolution. If you are unable to do so within the 15 working
day then you must be able to demonstrate why you were unable to meet the deadline for good
reason.
If you know that you will be late submitting your appeal, you must contact [email protected] and ask for extra time and explain the reasons for delay.
If you are a final year student appealing against a degree classification you must notify the University
of your Appeal before your graduation. You will not be able to graduate while your appeal is
outstanding and it is possible therefore that you may not be able to graduate that year. Equally, you
will not be able to appeal your academic results if you have attended a graduation and formally
accepted the results.
Please ensure you think carefully about the implications the appeals process may have on your
future plans especially if you are hoping to study the following academic year or are studying on a
Student Visa.
Grounds for an Appeal
There are three grounds on which you can challenge a decision of the Board of Examiners. You can
appeal on 1 or more of the basis below and these are:
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1. Mitigating circumstances
A mitigating circumstance is a serious or significant event, and its consequences, which have
significantly impaired your academic performance.
You should submit MCs for each and every assessment affected; if you submit MCs for one
assessment, you department does not need to assume that this will cover other assessments, even if
they took place at the same time. Equally, you must not assume that a doctor’s letter submitted for
a particular assessment or at particular time of a year will cover you for the rest of the year or other
assessments.
Normally you should submit Mitigating Circumstances within 7 days of the deadline affected by
Mitigating Circumstances; this may involve more than 1 module.
If you didn’t do this before your appeal, it is crucial to explain clearly and provide evidence why not.
If you have submitted mitigating circumstances already and these were rejected, you will need to
provide new information and evidence and then explain why you were not able to disclose these
details earlier.
Please note: you do not have to have missed an assessment deadline to submit Mitigating
Circumstances. You may have met the deadline but believe your performance was affected. Equally,
you do not have to have failed the assessment- you can still appeal the grade on grounds of
mitigating circumstances even you have passed the assessment.
If you are appealing on this ground please see our guidance on your mitigating circumstances in the
University Procedures section of our website.
2. Procedural irregularities:
Procedural irregularities are where the correct procedures in conducting examinations or assessing
coursework were not followed and this has affected the result.
Procedural irregularities can involve any assessment and/or process but the Procedural irregularity
must have a material effect on the outcome.
For example: if students were told that they could take a text book into the exam but on arrival are
informed that they cannot, they would be disadvantaged by the misdirected preparation and
revision.
As with any appeal, you will need to provide evidence of the procedural irregularity you think has
occurred. In order to know if something has gone wrong, you need to know the process. For
example:
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If you believe your work has not been marked properly, you need to know the process of marking in
order to know that an error has occurred. Just believing your work was not marked properly is not a
valid reason to appeal.
Senate Regulation 4 sets out the marking process in detail but this will not help unless you know
what actually has happened with your work: Was the work moderated or 2nd marked? Did your work
get sent to an External Examiner?
3. Evidence of prejudice, bias or inadequate assessment:
a. Evidence of prejudice, bias:
Where one or more Examiners or members of staff conducting a progress review demonstrates
prejudice or bias against you.
As with any appeal, you will need to provide evidence of the bias or prejudice you think has
occurred. As allegations of bias and prejudice may severely affect someone’s professional career,
your evidence must be strong and unequivocal
b. Inadequate assessment:
That there is evidence of inadequate assessment on the part of one or more of the Examiners or
members of staff conducting a progress review. This is in reference to Senate Regulation 4 or any
other relevant assessment regulations.
Do not get confused between Procedural Irregularity and Inadequate assessment; although they can
interlink they are different basis for appeal. Procedural Irregularity relates to error in process
whereas Inadequate Assessment tends to relate to failure to adhere to marking practices.
You will need to provide evidence to show inadequate assessment has occurred. For example:
You believe your work has not been marked properly and the feedback relating to your work does
not make sense or is not applicable to your work. Asking for verbal feedback is a good way to seek
answers and possibly could address your concerns.
It would also be beneficial for you to look through the module outline to ensure you have met all of
the learning outcomes and objectives for the assessment in question. These actions will ensure you
make a comprehensive appeal if you take that route or help you come to a better understanding of
your assessment if you do not.
You are always welcome to discuss you appeal grounds with an ARC adviser.
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What can’t I appeal against?
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You cannot appeal because the result you have achieved is worse than you would have
wished for, or worse than you feel you deserve;
You cannot appeal because you disagree with academic judgment; a decision made by an
examiner within their professional capacity and where no specified appeal grounds apply.
You cannot use these appeal procedures to appeal a decision made by Residences (Halls), as
they have their own procedures
You cannot use these appeal procedures to appeal an academic or non-academic
disciplinary penalty. If you need help with appealing disciplinary decision, please see
our guide to Disciplinaries in the University Procedures section of the website.
How to Appeal
Appeals must be submitted on an Academic Appeals Form.
The Academic Appeals Clerk must receive the completed form within 15 working days of you
receiving formal written notification of the outcome of your Internal Resolution.
The postal address is:
Clerk to the Academic Appeals Committee
Quality and Standards Office
Room 214 Wilfred Brown Building
Brunel University
Uxbridge
Middlesex
UB8 3PH
If you are posting your form please ensure you get proof of postage. If you do not receive an email
confirming receipt of your appeal within 10 days please contact the Quality and Standards Office at
[email protected]
You will be required to provide a list of documentation you are submitting in support of your appeal
along with explanations as to the relevance of those documents and how they relate to your case
and substantiate your claims.
What happens after my Phase 2 Appeal has been submitted?
The Clerk to the Academic Appeals Committee will write to you to acknowledge receipt of your
academic appeal.
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The documents you have submitted will be reviewed to check if you have valid grounds for appeal. If
you do, your appeal will be considered by the Academic Appeals Committee. If you don’t, your
appeal will normally be rejected unless the Chair of the Academic Appeals Committee decides
otherwise.
The Clerk to the Academic Appeals Committee will write to you again, 12 days after you have
submitted your appeal, to let you know whether your appeal will be investigated or rejected at this
preliminary stage.
If your appeal is rejected at this stage, you will be able to re-appeal on one further occasion,
provided that you can show that there is substantial, relevant and new evidence to support your
claim or indeed, appeal on a different ground.
If this re-submitted appeal is rejected, the appeal process within the University is finished; you will
have to take your appeal to the Office of Independent Adjudicator (see below).
If the re-submitted appeal is allowed to go to the next stage, the procedure outlined below is
followed.
Academic Appeals: Full consideration by the Committee
IF the preliminary decision was to refer your appeal for further and full consideration by the
Academic Appeals Committee the Clerk may contact you for further written information. It is likely
that more information will also be gathered from your College.
The Committee will decide based on the written information available to them and you will be
informed accordingly. The committee investigate each case thoroughly which can sometimes take
several weeks.
The Clerk shall communicate the decision to you within 5 working days of the decision being made.
One of the following outcomes will be determined:
i. To uphold the appeal (in whole or in part)
ii. To reject the appeal
iii. To refer the appeal to a Hearing Panel to give the appeal further consideration and to
determine an outcome.
Would I have to attend a hearing?
It is quite unusual for the academic appeals committee to call a hearing. But if they do decide that
this is necessary you will be given at least 10 working days’ notice of the date, time and venue of
the hearing. You may be accompanied at the hearing by any of the following:
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A Current student
A member of Advice of Representation Centre Staff
A Current member of the academic staff
You will be notified who the Hearing Panel Members are when you are informed of the date and
time of the hearing.
You will be asked whether you’d like to invite witnesses to your hearing and you if can bring
someone who could offer valuable and meaningful evidence, then respond to the hearing
notification specifying the witnesses you intend to bring.
A member of Staff from your College will be in attendance to argue the Colleges’ case and reiterate
why the Board of Examiners decision was the right decision to make, based on the circumstances.
The notification of the hearing will contain the order of proceedings; this will tell you when is
everyone’s turn to speak and when you can ask questions.
You can prepare for the hearing by practising your statement aloud and asking yourself questions as
if you were the Panel member (so called “devil’s advocate”)
You will receive the formal outcome within 5 working days of the hearing. The outcome could be:
i. Uphold the appeal (in whole or in part)
ii Reject the appeal (in whole or in part)
When an appeal is successful you can ask the University to meet reasonable costs incurred by you in
attending the hearing.
What if I am unhappy with the outcome of my Formal Appeal?
If your appeal is rejected, you can request a Review of Procedures. You can write to [email protected] to say that you feel that your appeal has not been given full and proper
consideration and ask that an Officer of the University commences a Review of Procedures. You
should give detailed reasons for your request- reasons which would mean that the decision would
be different if they were considered.
You should be notified whether such Review will take place or not within 10 working days.
If you decide that you do not want to submit a request for a Review of Procedures, then you may
request a Completion of Procedures letter. CoP letter is essential if you wish to take your appeal to
the external body called the Office of Independent Adjudicator (http://www.oiahe.org.uk/)
Before deciding on this course of action we strongly recommend that you contact the ARC for
advice.
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Useful Links
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Brunel University Senate Regulations:
http://www.brunel.ac.uk/about/administration/university-rules-and-regulations/senateregulations
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Brunel University Appeals and Complaints guidance:
http://www.brunel.ac.uk/about/administration/appeals-and-complaints
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Mitigating Circumstances Guidance and Late Penalties Policy:
http://www.brunel.ac.uk/about/administration/quality-assurance/a-z
What advice and help can I expect to receive from the Advice &
Representation Centre?
We are able to assist with the following:
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Helping you to decide if appealing is the best course of action for you;
Explaining how the process works;
Helping you to define your appeal grounds
Advising you on how to structure your appeal form; and
Accompanying you to the hearing if necessary
The Advice and Representation Centre
Union of Brunel Students
Hamilton Centre
Kingston Lane
Uxbridge
Middlesex
UB8 3PH
Call: 01895 269 169
Email: [email protected]
http://brunelstudents.com/advice
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