20.3.1 A candidate may in the circumstances set out below, appeal against an examination decision, whether at the first examination or re-examination.
20.3.2 An appeal against an examination decision may only be made in relation to a decision of the Research Degree Committee made on the recommendation of the examiners. Given the existence of procedures for complaint and grievance during the study period (see Section 20.1), alleged inadequacy of supervisory or other arrangements during the period of study shall not constitute grounds for appealing against an examination decision.
20.3.3 An appeal against an examination decision may only be made on the following grounds:
- that there were circumstances affecting the candidate’s performance of which the examiners were not aware at the oral examination; and/or
- that there is evidence of procedural irregularity in the conduct of the examination (including administrative error) of such a nature as to cause doubt as to whether the result might have been different had there not been such an irregularity; and/or
- that there is evidence of unfair or improper assessment on the part of one or more of the examiners - a candidate may not otherwise challenge the academic judgement of the examiners.
20.3.4 It should be noted that students are not permitted to appeal on the grounds of poor supervision once they have submitted their thesis for examination.
20.3.5 An appeal under subparagraph 20.3.3(a) will not be allowed unless:
- medical certificate or other documentary evidence acceptable to the examiners is produced; and
- valid reasons can be shown why the candidate was unable or unwilling to make the relevant facts known to the examiners before their original decision was taken.
20.3.6 Candidates wishing to lodge an appeal should submit an application by email to the Research Degrees Team (rd-enquiries@brookes.ac.uk). The Appeals procedure aims to ensure students have the opportunity to seek redress if there are grounds to indicate an irregularity has occurred. Any student who wishes to raise an appeal against an examination decision should feel able to do so without fear of subsequent victimisation.
20.3.7 All staff and students are required to keep information relating to an Academic Appeal confidential, except where it is necessary to progress, investigate or respond. If there is an unnecessary breach of confidentiality, it may result in formal disciplinary action being taken through the Student or Staff Disciplinary Procedure.
20.3.8 The University recognises that there is appropriate conduct when submitting, pursuing or investigating appeal against an examination decision. Raising a vexatious appeal is a breach of the Student Behaviour Policy and may lead to disciplinary action. The Procedure can only operate in a climate of mutual respect. It is understood that in upsetting or distressing circumstances, people may act out of character and may become persistent, angry or upset.
However, where it leads to aggressive behaviour, unreasonable demands or repeated related requests, it is considered unacceptable. The Academic Registrar reserves the right to suspend the appeals procedure if they consider the student is acting inappropriately and will write to the student to inform them of the reasons for doing so.
20.3.9 The University will investigate all appeals against examination decisions as fully as possible. Therefore, students are not allowed to submit a subsequent Appeal if the content is substantially similar to one already considered.
20.3.10 The Research Degrees Team can provide authoritative advice on the application and operation of these policies and procedures.
The Brookes Union Advice Service can provide advice independent of the University.
20.3.11 Raising an appeal against an examination decision.
All requests for an appeal against an examination decision must be submitted by email to the Research Degrees Team (rdt-researchdegrees@brookes.ac.uk) and should include:
- a clear account for the appeal based on the grounds set out in Section 20.3.3/ 20.3.4;
- clearly stated facts that support the appeal;
- sufficient evidence to support the case being made;
- the remedy the student is seeking.
20.3.12 All appeals must be received in full, within two months of the notification of the Research Degrees Committee’s decision. If a student is unable to comply with that timescale but would like to submit an Appeal, they must write by email to the Research Degrees Team (rdt-researchdegrees@brookes.ac.uk) within two months of the notification.
20.3.13 This request must include:
- a statement about why the appeal will be late, demonstrating that the circumstances which caused the delay were through no fault of the student, and could not have been accommodated by them;
- suitable evidence to demonstrate the reasons for lateness and why it was outside of the student’s control.
The Research Degrees Team will notify the Student of a time limit for the submission of the full appeal within 10 working days of receiving the request.
20.3.14 The Research Degrees Team will acknowledge receipt of the appeal within 5 working days.
20.3.15 The appeal will be considered by a senior member of the Directorate of Academic and Student Affairs nominated by the Academic Registrar in the first instance, who will consult with the Chair of the Research Degree Committee and where appropriate the Chair of the relevant Research Degree Sub-Committee; Science and Technology or Humanities, Environment and Social Sciences; and shall determine whether, based on the evidence presented by the candidate and having studied the supporting documentation held by the university, there is sufficient evidence to support a case for an appeal.
If it is considered that the request is frivolous, vexatious or outside the permitted grounds, the Academic Registrar’s nominee, shall inform the candidate in writing within 10 working days of receiving the appeal, that there is no evidence to support a case for an appeal and the reasons for this decision.
20.3.16 If the student is dissatisfied with the outcome of the appeal, an application may be submitted within 10 working days of notification of the outcome of the first stage, requesting that the decision is reviewed by the Registrar or Academic Registrar as appropriate.
Any such request must be set out in writing and include the reasons why the student believes the decision was unjustified. The request must be received by the senior member of the Directorate of Academic and Student Affairs who was nominated by the Academic Registrar to undertake the first review.
20.3.17 The Registrar or Academic Registrar will notify the student of the outcome of the second review within 10 working days of receiving the request for the review.
20.3.18 If it is considered that there is a valid case for an appeal, the Academic Registrar’s nominee shall gather such evidence as is considered appropriate and likely to assist a panel in reviewing the case.
This may include seeking written or oral testimony from the examiners, from other persons present at the oral examination, from supervisors or other members of the academic staff, or further evidence or statements from the candidate.
20.3.19 The appeal shall be considered by a review panel, convened by the Academic Registrar’s nominee and held within 20 working days of receiving the appeal. The review panel shall have the following composition:
- a member of the Senior Management Team as Chair (preferably PVC for Research & Global Partnerships);
- one Associate Dean or Head of Department;
- one Professor, experienced supervisor or research active member of staff;
- two research degree students nominated by the President of the Students’ Union;
- the Academic Registrar’ nominee as secretary.
None of the members of the panel shall be a member of staff or a student in the candidate’s Faculty. At least two members of the panel shall have significant experience of research degree examining.
20.3.20 The review panel shall hear the appeal. The conduct of the appeal is at the discretion of the Chair, but the candidate and the examiners shall have the right to:
- submit written representations;
- appear at the hearing;
- call witnesses;
- examine any witnesses called;
- be accompanied by a friend.
20.3.21 The Internal Examiner shall be expected to attend the review panel hearing if invited to do so. In these cases, the panel will not proceed without the Internal Examiner present to represent the examining team.
20.3.22 If the review panel decides that a candidate has valid grounds for an appeal, it shall recommend that the Research Degree Committee either:
- invite the examiners to reconsider their decision; or
- appoint new examiners.
20.3.23 A review panel shall not be constituted as an Examination Board and shall not have the authority to recommend the award of the degree.
Academic appeal procedures are internal to a provider and should not be unduly formal. It will not be appropriate for a student or the provider to be legally represented at an academic appeal hearing except in the most exceptional circumstances. The Academic Registrar will be responsible for considering whether the circumstances of an appeal are such that legal representation is appropriate.
20.3.24 The Student will be notified of the outcome within 10 working days of the review panel meeting.
20.3.25 If a candidate is dissatisfied with a decision of the Academic Registrar’s nominee under paragraph 20.3.11 above, the candidate may request in writing that it be reviewed by the Academic Registrar. Any such request must be received within 10 working of issuing the decision letter.
20.3.26 The Academic Registrar will acknowledge receipt of the request within 10 working days and will review the appeal and respond within 20 working days from receipt of the request. The decision of the Academic Registrar shall be final.
20.3.27 If a member of staff, being in possession of material that, by reason of its confidential nature, cannot be communicated to the candidate, wishes to appeal on behalf of the candidate, he or she may, with the written consent of the candidate, bring an appeal under these procedures with the substitution of ‘member of staff’ for ‘candidate’ as appropriate.
20.3.28 Throughout this procedure the Academic Registrar’s nominee may nominate a senior member of her/his staff to act on her/his behalf in relation to any request for a review.
20.3.29 If the Appeal is not upheld this will be the termination of the University’s Appeal against an examination procedure and a letter stating this will be sent to the student within 20 working days of the final decision being agreed.
20.3.30 If a student has completed the University’s internal Appeal procedure and they are still dissatisfied with the outcome, they may be able to refer their complaint to the Office of the Independent Adjudicator for Higher Education (OIA), providing that the complaint is eligible under the OIA’s Rules.
A letter stating that a complainant has completed the University’s internal complaint procedure shall include information on the OIA and comply with the OIA’s guidance for a “Completion of Procedures” letter.
| University Stage of Procedure | Timescale | Responsibility |
| Submission of an Appeal against an examination decision |
Within 2 months from the publication of the Examination Committee decision |
Student |
| Acknowledgement of an Appeal against an examination decision |
5 Working Days from Submission of Complaints and Appeals Form |
Research Degrees Team |
| Response (Admissible or not) | 10 Working Days from Submission of an Appeal against an examination decision | Academic Registrar’s nominee |
| Student Requests a Review of the Associate Director’s Decision |
10 Working Days from the issue of the Response letter |
Student |
| Acknowledgement of review request | 10 Working Days from Student Request | Academic Registrar/Registrar |
| Response to review request | 20 Working Days from Student Request | Academic Registrar |
| Review Panel to be convened |
20 Working days from response to review request |
Academic Registrar |
|
Notification of Review Panel Decision |
10 Working days from the date of the Panel meeting |
Academic Registrar |
If the appeal against and examination decision is not upheld this will be the termination of the University’s Appeal procedure and a letter stating this will be sent to the student within 20 working days of the final decision being agreed.
*The University defines a ‘working day’ as Monday-Friday excluding bank holidays and other days when the University is closed.