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Appeals Procedure

This document is definitive!

1. Introduction

  1. This Appeals Procedure is established under the Academic Regulations for Bath Spa University which specify “the Academic Board shall establish a procedure for considering appeals against decision of the Examination Boards”.
  2. Without prejudice to the outcome of an appeal, a student may continue to attend lectures etc and to make use of University facilities whilst their appeal is being heard. Therefore, any student making an appeal should continue with his/her studies as normal, including studying for any retakes.

2. Grounds for Appeal

  1. Students have the right of appeal to the Appeals Committee against a decision of an Examination Board, where the grounds for appeal are one or more of the following:
    1. That their performance in the examination/assessment was adversely affected by illness or other factors that they could not reasonably have been expected to divulge before the Examination Board reached its decision.
    2. That there has been a material and significant administrative error.
    3. That the examination/assessment was not conducted in accordance with the current regulations for the course.
    4. That some other material and significant irregularity has occurred.
  2. Appeals on the following grounds will not be considered:
    1. Against the academic judgement of internal or external Examiners.
    2. Informal assessments of the student’s work by members of academic staff.
    3. Marginal failure to attain a higher class of degree.
    4. The retrospective reporting of extenuating circumstances which a student might reasonably have been expected to disclose to the Board of Examiners before their meeting.

3. Procedures for Applying by the Appeals Committee

  1. Letter of appeal
    1. A student wishing to appeal must write to the Secretary of the Appeals Committee, Registry, Bath Spa University, Newton St Loe, BATH BA2 9BN, specifying the ground(s) for appeal.
    2. The letter of appeal must either be given by hand to the Registry within 10 working days of the publication of the results, or bear a post mark dated no more than 10 working days after the publication of results. The receipt of the appeal will be acknowledged within 5 working days.
    3. The formal letter of appeal must contain:
      1. a stamped self addressed envelope
      2. a completed appeals form (see boxout)
      3. medical certificates or other documentary evidence material to the case
      4. the decision of the Examination Board
  2. Action on receipt of an appeal:
    1. The Chair of the Appeals Committee will investigate all appeals and may consult such persons, as he/she thinks fit. All valid appeals will then be taken to an Appeals Committee. Students submitting invalid appeals will be written to with an explanation of why their appeal was not valid. Students with valid appeals will be written to informing them that their appeal will be heard by the Panel and inviting them to attend.

4. Appeals Committee

  1. Attendance by students
    1. Any student attending the meeting of the Appeals Committee may be accompanied by a friend. If the student is unable to attend the meeting of the Appeals Committee the meeting will nevertheless take place and the decision made will still be valid. A student who is unable to attend the meeting can ask a member of the University or the Students’ Union Vice President for Student Support to attend on his/her behalf.
  2. Membership
    1. Senior Academic appointed by the Vice-Chancellor (Chair).
    2. Up to seven members of academic staff normally one from each School, nominated by the Chair.
    3. One student member nominated by Chair.
  3. Terms of Reference
    1. To consider prima facie valid appeals against decisions of examination boards and to determine action in response to such appeals.
    2. To report annually to the Academic Board through the Academic Quality and Standards Committee including summaries of appeals.
  4. Procedure
    1. Dates of the meetings of the Appeals Committee shall be established when dates for examinations are established, and shall be publicised.
    2. Standing orders for the Appeals Committee shall be those of the Academic Board, as established under the terms of the Articles of Government for the University.
    3. The Chair shall require any member of the Committee to withdraw, where that member has a close academic connection with an appeal. All members shall be asked to declare any significant connection with any appeal.
    4. The Appeals Committee may require the appellant to appear before it, in which case he or she may be accompanied.
    5. Subject to the specific provisions of this procedure and the constraints of the standing orders of Academic Board, the Appeals Committee shall determine its own procedure.
    6. The proceedings of the Appeals Committee shall be formally minuted.
    7. It shall be the responsibility of the Secretary to the Appeals Committee to conduct all its correspondence on behalf of the Committee.

5. Powers and Responsibilities

  1. The Appeals Committee shall consider all appeals. It may decide that:
    1. The grounds of the appeal are not valid.
    2. The grounds of the appeal are valid but the appeal is not upheld.
    3. The grounds of the appeal are valid and the appeal is upheld.
  2. The Secretary to the Appeals Committee will inform the student in writing of its decision together with brief reasons for its decision within five working days of the Appeals Committee meeting.
  3. Where the appeal is successful, and where appropriate, the Appeal may change a ‘referred’ to a ‘deferred’. In all other instance of a successful appeal, the decision of the Board of Examiners shall be referred to its Chair, who shall be required to review its original decision in the light of the opinion of the Appeals Committee.
  4. In making the review the Chair shall consult at least two other members of the Board of Examiners and an External Examiner where one was present.
  5. The Chair of the Board of Examiners shall report the process and outcome of the review in writing to the Chair of the Appeals Committee.

6. Further Right of Appeal

  1. Students have a further right of appeal to the Governors but only if the University materially fails to comply with the Appeals Procedure, and the student can demonstrate that s/he has suffered detriment. If the student wishes to appeal the student must write to the Deputy Clerk of the Board of Governors, Bath Spa University, Newton St Loe, BATH BA2 9BN, specifying the grounds of appeal. The letter making the further appeal must be posted within ten working days of notification of the outcome of the appeal by the Secretary to the Appeals Committee.
  2. The Deputy Clerk to the Board of Governors will inform the student of the outcome of his/her further appeal within five working days of the hearing. This decision will be final.
  3. Students, who still feel that their appeal has not been satisfactorily dealt with, may be entitled to take the appeal to the Office of the Independent Adjudicator for Higher Education (www.oiahe.org.uk).

Last updated 1 Sept 2010.

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