REGULATION 36
Student Appeals
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1. General1.1 This Regulation outlines the formal processes to be followed for student academic appeals. Details of the procedures for the consideration of appeals shall be contained in the Student Academic Appeals Policy and Procedures (hereafter referred to as Procedures). The Procedures shall include detailed processes for the consideration of student academic appeals and shall incorporate the provisions contained in this Regulation. The Senate is responsible for the approval of, and modifications to, the Procedures.
1.2 A student appealing against an award to be conferred by the University will not be entitled to receive the award until the process of appeal has been concluded or the student withdraws the appeal in writing. 1.3 The term “Board of Examiners” is used throughout this Regulation to refer to Assessment Boards, Award
Boards, Progression Boards for taught programmes, appropriate boards/individuals with responsibility for making decisions on the progression of postgraduate research students, or Examiners and/or
Supervisors for research degrees.
1.4 A student who makes an appeal is, for the purposes of this Regulation, referred to as an 'appellant'. 1.5 The Senior Dean shall oversee the student academic appeals process.
1.6 In the absence from the University of any person holding a post identified in the Procedures, a nominated member of the University appointed by a person's line manager shall deputise.
1.7 In accordance with normal University practice students do not have the right to legal representation under the Procedures.
2. Definition
2.1 An appeal is a formal request by a student for the review of a decision affecting him or her that has been made by a University academic body or officer with authority for making decisions on student
progression, assessment and academic awards.
2.2 The Procedures shall explain the difference between an appeal and a complaint and shall set out a procedure for determining whether a case shall be classified as an appeal or a complaint.
3. Procedures for the Submission and Consideration of an Appeal 3.1 The Procedures shall contain details of the following:
3.1.1 The format for the submission of an appeal; 3.1.2 The subject of an appeal;
3.1.3 The grounds and invalid grounds for an appeal;
3.1.4 The factors to be taken into account during the consideration of an appeal; 3.1.5 The standard of proof required by the University;
3.1.6 The deadlines for the submission and consideration of appeals.
3.2 The appellant may seek the assistance of a third party. The University will only deal with a third party providing assistance to the appellant where there is written and signed authorisation by the appellant to allow this to happen. The appellant remains the responsible person with respect to the appeal. The appellant is not permitted to appoint someone to act on his or her behalf.
3.3 An appeal should be submitted in the first instance to the appellant's Head of School. The Head of School may delegate authority for conducting the consideration of an appeal to a member of academic
3.4 In considering an appeal the Head of School shall have the following powers:
3.4.1 On behalf of the Board of Examiners, on due consideration, to reject an appeal in whole or in part with or without referring the case to the Board of Examiners.
3.4.2 To refer an appeal to the Board of Examiners for consideration; 3.4.3 To dismiss an appeal as vexatious or frivolous.
3.5 An appellant who is dissatisfied following consideration of his or her appeal to the Head of School, and who considers that their appeal remains justified, may appeal to the Senior Dean. If the Senior Dean has had a previous involvement in the appeal or is a member of the same School as the appellant this shall be disclosed and the Vice-Principal shall appoint a member of the Senate Business Committee with no previous involvement in the appeal to act in the place of the Senior Dean.
3.6 In considering an appeal the Senior Dean shall have the following powers:
3.6.1 To refer the appeal back to a School with recommendations for resolving an appeal; 3.6.2 To determine that the appeal be upheld or partially upheld;
3.6.3 To determine that there is a prima facie case or that the complexity of a case requires further investigation. The Senior Dean may choose to establish an appeal committee of enquiry to consider the appeal;
3.6.4 To determine that valid appeal submission grounds do not exist for the appeal to be considered and that there is no requirement for further investigation.
3.6.5 To dismiss the appeal as vexatious or frivolous.
3.7 Where an appeal committee is to be established the Vice-Principal, on the recommendation of the Senior Dean, shall approve the members of the appeal committee. Such members will not normally be drawn from the same School as the appellant. Members of a committee must have had no previous involvement in a case. The panel will normally comprise the following:
3.7.1 The Senior Dean who shall be the Chair;
3.7.2 A member of the Undergraduate Studies Committee or the Postgraduate Studies Committee, as appropriate, who is a member of the Senate;
3.7.3 An elected member of the Senate.
A committee shall include at least one male and one female member.
3.8 Having considered an appeal, an appeal committee shall agree one of following courses of action: 3.8.1 Determine that on the basis of the appeal submission grounds there is no requirement for
further investigation and that an appeal should not be upheld; 3.8.2 Determine that an appeal be upheld or partially upheld;
3.8.3 Exceptionally determine that the appellant should be invited to attend a hearing. The appeal committee should determine the reasons why a hearing is required.
3.9 The procedures for conducting a hearing shall be set out in the Procedures.
3.10 With regard to paragraphs 3.6 and 3.8, the Senior Dean and an appeal committee respectively shall have the authority to make decisions without reference to the Senate.
3.11 The decision of the Board of Examiners on any appeal referred to it by the Head of School, the Senior Dean or an appeals committee, where any such decision affects a result already reported to the Senate, will be subject to confirmation by that body.
3.12 At the conclusion of the consideration of an appeal, at each stage, the appellant shall receive notification of the outcome of an appeal and the reasons for a judgement and, if an appeal has been rejected, any subsequent right of further appeal.
3.13 At the point when the internal appeal procedures have been completed the appellant shall be informed that there is an opportunity for an independent review of an appeal by the Scottish Public Service Ombudsman (SPSO) and of the right to make a submission to the SPSO.
4. Recording and Reporting of Appeals
4.1 Full notes should be taken of all proceedings and details of reporting requirements shall be contained in the Procedures.
4.2 Effective reporting arrangements shall be in place to monitor and evaluate the student appeal processes.
4.3 An annual report on appeals considered shall be submitted to the Senate. 5. Jurisdiction
5.1 In the event of any dispute which cannot be resolved to the parties' mutual satisfaction, the dispute shall be submitted to the exclusive jurisdiction of the Scottish Courts.
Amended by Senate 11.03.98
Amendments approved by Senate Council: 11 March 2004; 30 October 2005
Amendments approved by Senate: 25 October 2006, June 2007, June 2009; Senate Business Committee: August 2009; August 2010; December 2010; July 2013