2018-19
Code of Procedure for Appeals
1. Preamble
1.1 The Senate of the University of Glasgow is charged by the Universities (Scotland) Act with a duty to superintend the teaching of the University. This is understood to include examining.
1.2 The Senate of the University of Glasgow has agreed with the Principal of Edinburgh Theological Seminary (hereinafter referred to as ‘the Seminary’) that a procedure be established to dispose of appeals by candidates pursuing courses at the Seminary which lead to an award of the University of Glasgow. The validity of this procedure has been accepted by the Senate of the University and by the Senate of Edinburgh Theological Seminary.
1.3 The procedure is set out below.
2. Composition of Joint Appeals Committee
2.1 A Joint Appeals Committee (hereinafter referred to as the Committee) will be established by the Joint Board of the University of Glasgow and Edinburgh Theological Seminary and confirmed in existence by the Senate of the University and the Principal of Edinburgh Theological Seminary, who shall act with the agreement of the Senate of Edinburgh Theological Seminary. It shall be the duty of the Joint Board thereafter to annually nominate members of the Committee.
2.2 Full powers for deciding appeals are vested in the Committee.
2.3 The Convener of the Joint Appeals Committee shall be the Head of the College of Arts or their nominee who shall be a senior member of the University.
2.4 The Committee shall consist of members of the University of Glasgow and of the Edinburgh Theological Seminary Board as follows:
University of Glasgow:
The Head of the College of Arts; the Head of Theology & Religious Studies; two other members of the College of Arts as nominated by the Joint Board;
Edinburgh Theological Seminary:
Three members of the Seminary Board as nominated by the Joint Board.
Exceptionally, the Committee shall have powers to co-opt one member of the Senate of the University of Glasgow and one member of the Seminary Board in order to obtain a quorum at short notice.
2.5 No member of the Board of Examiners shall be a member of the Committee. No member of the Senate Appeals Committee or of the University Court shall be entitled to serve on the Committee.
2.6 The quorum of the Committee shall be three and shall comprise at least one representative from each institution.
3. Jurisdiction
The jurisdiction of the Committee shall comprise all academic decisions affecting candidates, including Examination Board decisions and student progress, but not proceedings under the Code of Discipline.
4. Grounds for Appeal
4.1 Assessment
Appeals will not be entertained against marks or decisions of examiners, or other matters of academic judgement, but only on grounds of unfair procedure or medical evidence, namely:
a) that there is new information that for good and proper reason was not available to the Board of Examiners at the time when it reached its decision on a particular candidate;
b) that the conduct of an assessment was not in accordance with the approved regulations for the course;
c) that the candidate was given misleading written information concerning the nature of an assessment and its requirements.
4.2 Progress
An appellant who wishes to appeal on grounds of medical or other adverse personal circumstances against the application of published progress regulations, should obtain a medical report or a report on the other adverse circumstances and should submit it to the Convener of the Joint Appeals Committee with the note of appeal.
5. Lodging of an Appeal
5.1 An appeal by a candidate will not be entertained once that candidate has graduated; they are deemed to have accepted, by graduating, the recommendation of the Board of Examiners.
5.2 A candidate who wishes to appeal must do so in writing to the Clerk to the Joint Board within 14 days following the intimation or publication of the decision appealed against. This period will not be extended unless the candidate satisfies the Joint Appeals Committee that the appeal could not have been lodged in time.
5.3 The note of appeal must include:
a) the name, address and telephone number of the appellant;
b) all the grounds on which the candidate considers that the decision should be changed (no other grounds will be admissible in the disposal of the appeal);
c) the remedy, or remedies, which the candidate seeks;
d) whether the candidate wishes to make oral representation at any hearing which may be held;
e) whether the candidate intends to be assisted or represented by any person and, if so, the name and occupation of that person.
5.4 An appellant who wishes to appeal on medical grounds should obtain an appropriate medical certificate or medical report promptly and submit it with the note of appeal, and certainly no later than the date of the hearing.
6. Preliminary Disposal
Upon receipt of a written appeal the Convener, after consultation with two other members of the Joint Appeals Committee of whom one shall be from the Seminary, may make a preliminary disposal which may result in:
a) dismissal of the appeal because the appeal is out of time, or provides no competent grounds for appeal;
b) referral of the appeal to a full meeting of the Joint Appeals Committee whereupon the Convener may take such other interim actions as they deem appropriate;
c) referral of the appeal directly to the Board of Examiners for reconsideration where it is clear that the Board was unaware of the medical or personal circumstances described in the letter of appeal.
7. Consideration of an Appeal by the Joint Appeals Committee
7.1 The Committee will meet within 20 days after receipt of an adequate note of appeal, or as soon as possible thereafter.
7.2 The appellant shall be offered a hearing by the Committee ifthey so request; otherwise there will not be a hearing unless the Convener decides that a hearing is desirable in the circumstances. At the hearing the appellant may be accompanied by or represented by another person. The Committee may hear this person instead of, or as well as, the appellant.
7.3 When there is to be a hearing the Clerk to the Joint Board shall:
a) inform the appellant in writing of the date, time and place thereof;
b) request the appellant to name their representative (if appropriate) and to name any person(s) from whom they wish the Committee to take evidence. The Clerk shall communicate the names of these persons to the Chairperson of the Board of Examiners. The Clerk will also inform all such persons of the arrangements for the hearing and invite their attendance.
7.4 Where the appeal is against a decision of the Board of Examiners, the Clerk shall, on the instructions of the Convener, indicate to the Chairperson of that Board the nature of the appeal and offer the Board an opportunity to present evidence. Where this is to be done the appellant will be informed of the names of any persons appearing to present evidence.
7.5 The Committee may dispose of the case notwithstanding the failure of any person(s) concerned to appear.
7.6 The Clerk shall, on the instructions of the Convener, ask the appropriate persons (e.g. the Chairperson of the Board of Examiners) for a statement of the grounds on which the decision appealed against was reached. It also should be made clear what evidence was available to the Board of Examiners in reaching its decision. If the Chairperson of the Board wishes any part of their submission to be regarded as confidential, then this should be submitted separately.
7.7 The Clerk shall place before the Committee all reports relevant to the appeal. If there is a hearing, copies will be made available to the appellant unless any report is certified by the Convener as being confidential. The Committee may found its decisions upon a confidential report only if the substance thereof has been explored with the appellant, if present.
8. Procedure for the Hearing
8.1 The normal procedure at a hearing will be described in the paragraphs which follow, but the Committee may adapt the procedure if it considers that an alternative arrangement would be more fitting in the circumstances.
8.2 The Committee shall examine the appellant and invite them to make an opening statement, or to have a statement made on their behalf. Thereafter the Committee shall:
a) proceed to examine any person(s) called by the appellant and any person(s) who, in the view of the Convener, might contribute to the consideration of the appeal, and shall afford the appellant or their representative the opportunity to question, through the Committee, those persons;
b) consider all relevant reports and information;
c) afford the appellant an opportunity to make a final statement, or to have one made on their behalf.
8.3 At any stage it shall be competent for the Committee to adjourn the hearing if it considers this to be necessary.
9. Disposal
9.1 The Committee shall decide the matter at the conclusion of its consideration of the appeal or as soon as possible thereafter.
9.2 It may decide by a majority.
9.3 If it upholds the appeal, the Committee shall order whatever remedy it deems appropriate in the circumstances.
9.4 The Clerk, on the instructions of the Convener, shall intimate the decision in writing to the appellant and to the Joint Board. When an appeal is upheld, the Committee shall intimate the grounds for its decision to the Joint Board.
9.5 In its report to the Joint Board, the Committee may wish to include any recommendations related to the matter which has given rise to the appeal.
10. Further Review
10.1 An appellant who is dissatisfied with the decision of the Joint Appeals Committee shall have the right of further appeal to the University Senate. A copy of the Code of Procedure for Appeals to Senate can be found in the Fees and General Information section of the University Calendar.
10.2 The Senate Appeals Committee will entertain an appeal against the Joint Appeals Committee only on the grounds that:
a) new evidence has emerged which could not reasonably have been produced to the Committee;
b) there has been defective procedure at the Joint Appeals Committee level;
c) the disposal of the Joint Appeals Committee was clearly unreasonable.