Newcastle University

Academic Appeals

Grounds

The grounds depend on the decision being appealed.

Following a Board of Examiners decision:

• Personal Extenuating Circumstances (PEC):
  • PEC which could not be disclosed through the online PEC application before the Board of Examiners;
  • evidence for PEC which could not be provided at the time but is now available;
  • PEC which the student was unaware of at the time but is now aware of and can evidence; or
  • the Board of Examiners' decision relied on a PEC Committee decision which the student was previously unaware of and now wishes to challenge.
• Procedural irregularity on the part of the examiners.
• Bias or prejudice on the part of an examiner or examiners.
• The decision was perverse, in that no reasonable person or body could have reached it on the available evidence.

Following a PEC Committee decision:

• procedural irregularity;
• bias or prejudice; or
• a perverse decision which no reasonable person or body could have reached on the available evidence.

Following an Unsatisfactory Progress or DPD Request decision:

• evidence which was not previously available or considered;
• procedural irregularity;
• bias or prejudice; or
• a perverse decision which no reasonable person or body could have reached on the available evidence.

Procedure

Level 1 - Academic query:

• This is the informal stage. The student should raise the concern in writing within 14 days of communication of the academic decision with the relevant Chair of the Board of Examiners, PEC Committee, Degree Programme Director or Dean of Postgraduate Research.
• Level 1 can be used for provisional marks or decisions, including administrative errors. Provisional marks cannot be considered at Level 2 or Level 3.
• The query should explain why the decision should be reviewed and identify the relevant ground.
• The query should normally be determined within 14 calendar days.

Level 2 - Formal appeal investigation:

• If Level 1 does not resolve the issue, the student must submit the Academic Appeal Form within 14 calendar days of the Level 1 decision.

• The appeal must:
  • explain the grounds and how they are supported by evidence;
  • include the Level 1 submission and outcome;
  • provide all relevant supporting evidence; and
  • relate to a formal academic decision, not a provisional mark.
  • A Level 2 appeal will normally be concluded within 60 calendar days.

• The Director of Registry and Education Services initially conducts a preliminary review. An appeal may not be admitted where, for example:
  • it is late without a credible and compelling reason;
  • grounds or necessary evidence have not been provided;
  • the Level 1 response adequately answered the issue;
  • another University procedure applies;
  • it challenges academic judgement; or
  • it is vexatious or repeats a previous appeal on the same matter.

• If admitted, a Case Officer obtains a response from the relevant Academic Unit. The student will normally have 7 calendar days to comment on that response before the case is sent to an impartial Appeal Adjudicator.

Level 2 outcomes:

• The Appeal Adjudicator may decide that there are no reasonable grounds for reconsideration, in which case the student receives a written decision with reasons.

• If reconsideration is appropriate, the case may be referred back to:
  • the original examiners or relevant authority;
  • the Board of Examiners;
  • the PEC Committee;
  • the Degree Programme Director; or

• The student is normally informed of the reconsideration outcome within 14 calendar days of receipt of the final reconsideration report.
• A reconsidered decision cannot be appealed again at Level 2, but may be reviewed at Level 3.

Level 3 - Review:

• A Level 3 review may challenge:
  • the Appeal Adjudicator's decision not to refer the appeal for reconsideration; or
  • the outcome of a Level 1 or Level 2 appeal where the decision has been reconsidered.

• The grounds are:
  • Procedural irregularity - something was not done correctly in considering the Level 2 appeal and this may have affected the decision; or
  • Unreasonable decision - no reasonable person could have reached the same decision based on the available evidence.

• The review must be submitted to the Academic Registrar within 14 calendar days of the appeal outcome.
• It will normally be determined within 30 calendar days.

• If valid, the Academic Registrar may:
  • offer an alternative resolution or refer the case back for reconsideration;
  • arrange reconsideration under Level 2 by a different impartial Appeal Adjudicator; or
  • refer particularly serious issues to an Appeal Committee.

Personal Extenuating Circumstances

When can a PEC be submitted?

A PEC may be submitted where significant personal and extenuating circumstances affect the student's ability to study.

Circumstances are generally only approved where they are:

• Significant - they had a significant adverse impact on study or assessment;
• Unforeseen or unexpected - normally there was no prior knowledge they would occur;
• Unavoidable - they were outside the student's control and could not reasonably have been prevented; and
• Relevant - there is a link between the circumstances and the affected assessment.

Timing

• PEC requests should normally be submitted before the assessment/submission deadline, or by the Academic Unit's published PEC deadline.
• Retrospective PECs may be submitted from the date of assessment up to 14 days after publication of the academic decision, but require a credible and compelling reason for the delay.
• PECs submitted more than 14 days after publication of the academic decision are out of time and require Registry and Education Services to decide whether they can be considered.
• For remote timed assessments, a submission up to 30 minutes late is permitted without penalty or the need for a PEC because of the particular challenges of remote assessment/IT difficulties.

Self-certification

Self-certification is intended for minor illnesses or circumstances.

• Up to two self-certification PECs per academic year.
• Each applies to one assessment only.
• Cannot be used for final projects, dissertations or equivalent assessments.
• The only available adjustment is a short extension of up to 7 calendar days.
• It cannot be used for examinations, repeat attempts, deferrals or extraordinary examinations.
• Further adjustments require a full PEC with supporting documentation.

Evidence

Except for self-certification, the student should explain:

• the personal circumstances;
• precisely how they adversely affected the student; and
• which assessment(s) were affected.

Independent documentation should be provided where appropriate, such as medical evidence or a supporting statement from a personal tutor. Where independent evidence is not available or appropriate, such as bereavement, a personal statement may be acceptable.

Possible outcomes

Depending on the circumstances, adjustments may include:

• an extension;
• exemption from minor elements of assessed work, normally up to 20% of the module;
• deferral of an examination or assessment;
• an extraordinary examination;
• permission to repeat tuition in residence;
• setting aside previous attempts and allowing repeat tuition;
• allowing progression carrying fails; or
• a recommendation to the Board of Examiners to exercise discretion.

PEC adjustments do not result in a change of marks.

Academic Misconduct

Procedure

Level 1 - Local Resolution

Most minor allegations are considered by the Chair of the Board of Examiners or nominee.

The student will:

• receive the allegation and relevant evidence;
• be invited to provide a written response;
• potentially be invited to an interview; and
• receive the outcome in writing.

The case may be referred to Level 2 where the alleged misconduct is:

• major, academically significant or complex;
• repeated or persistent; or
• involves an intention to deceive or failure to engage honestly with the investigation.

Level 2 - Formal Investigation

A Case Officer investigates the allegation.

The student receives the relevant evidence and may provide a written statement and attend an interview to:

• give their version of events;
• provide clarification; and
• present mitigating circumstances.

A sufficiently major, academically significant or complex case may be referred to Level 3.

Level 3 - Student Disciplinary Committee

The Committee considers more complex, major or academically significant cases at a hearing.

The student is invited to attend, answer questions and respond to the evidence.

The outcome is normally provided in writing with full reasons within 10 working days of the hearing.

Academic Misconduct appeals

A student may appeal against any decision or sanction on one or more of these grounds:

1. New material evidence which was not previously reasonably available;
2. Procedural irregularity – the procedure was not correctly followed;
3. Bias or prejudice – the investigation was prejudged or unfair;
4. Excessive or inappropriate sanction – the sanction is not proportionate to the determined irregularity; or
5. The decision was one that no reasonable person or committee could have reached on the evidence available.

The appeal must be submitted within 21 calendar days of:

• the Outcome Letter for a Level 1 or Level 2 case; or
• the Statement of Reasons for a Level 3 case.

The Disciplinary Convenor first decides whether the appeal has grounds.

For Level 1/2 cases, an uninvolved Disciplinary Panel member considers the appeal and may arrange a hearing where appropriate.

For Level 3 cases, the appeal is considered by a Disciplinary Appeal Committee. The Convenor decides whether a full rehearing is required or only reconsideration of the sanction.

An appeal may confirm, change or remove the original disciplinary outcome. Where the appeal is limited to sanctions, only the sanction may be changed.

The decision is final and the University's internal procedures are then exhausted. A Completion of Procedures Letter is issued.