2018-19

Code of Procedure for Appeals

1.  Introduction

The Senate of the University of Glasgow has agreed with the Academic Council of The Glasgow School of Art (hereinafter referred to as GSA) that a joint procedure for the consideration of appeals against academic decisions be established for candidates following courses which are taught wholly or partly in the GSA, and which lead to awards of the University of Glasgow. Appeals will be considered by a joint GSA and University of Glasgow Appeals Committee (see §5). 

This procedure has been approved by the Senate of the University and the Academic Council of the GSA and covers appeals against academic decisions on progress and final degree examination(s). It applies to all Undergraduate, Taught Postgraduate and Research Postgraduate students.

The GSA shall provide an annual report to the Joint Liaison Committee of the University of Glasgow and GSA. The report will contain a review of activities in relation to academic appeals.

2.  Principles

The GSA Code of Procedure for Appeals observes the general principles outlined below.

2.1  A student should have a full opportunity to raise an appeal against an academic decision without fear of disadvantage and in the knowledge that confidentiality will be respected.

2.2  The GSA will provide enrolled students with a copy of the appeals procedure as well as advice and support on the procedure as required. Additional advice and support may be provided by the President of the Student Representatives Council (SRC) of the GSA or alternatively by the Head of Academic Registry.

2.3  Members of the Joint Appeals Committee (See §5.3) should be provided with regular guidance on the Code of Procedure for Appeals.

2.4  Where an appeal is upheld, the GSA will reimburse the student with any reasonable and proportionate incidental expenses associated with their appeal.

2.5  The procedure will comply with the legislation relating to Data Protection and Freedom of Information.

3.  Definition of an Appeal

3.1  An appeal is defined as a request for a review of a decision of an academic body charged with making judgments concerning student progression, assessment or award.

3.2  A student may appeal on the grounds outlined in §6.5.

3.3  A student may not appeal against decisions of Examiners or other matters of academic judgment unless the grounds of the appeal are contained in §6.5.

3.4  A former student may not appeal once they have graduated from the GSA. By graduating, the former student is deemed to have accepted the recommendation of the GSA Final Examination Board. 

3.5  Procedures for Incomplete Assessment resulting from Good Cause, outlined in §9 of the GSA Code of Assessment, are concerned with the sudden onset of illness or adverse personal circumstances affecting the student. A chronic medical condition shall not itself be considered a good cause. Examiners will mark and classify the performance as it stands and will not judge undemonstrated capability. Where there is chronic illness, good cause shall only be established where the student’s performance has been compromised by a sudden severe episode of the illness.

4.  The Appeal Process

Informal Resolution

4.1  Prior to submitting a formal appeal, students are advised to discuss the matter with their Programme Leader, Head of Department or equivalent in an attempt to resolve the matter informally. An Officer of the SRC can assist or represent the student in seeking an informal resolution.

An Appeal Against a Decision on Progress

4.2  A student 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 Head of Academic Registry with the Academic Appeals Form and a Letter of Appeal. This will then be passed to the Convener of the GSA Final Examination Board (Progress Students) for consideration.

4.3  The Joint Appeals Committee (see §5.3) will entertain a progress appeal by a student against the decision of the GSA Final Examination Board (Progress Students) only on the grounds that:

a)  there has been defective procedure at the level of the GSA Final Examination Board;

b)  the disposal of the GSA Final Examination Board was clearly unreasonable.

c)  there is new information that for good and proper reason was not available to the GSA Final Examination Board at the time it reached its decision.

An Appeal Against a Final Degree Examination Decision 

Appeals against the decision of the GSA Final Examination Board (Final Year Students) will follow the process outlined below.

4.4  The first stage will be a Preliminary Disposal. The detailed process and the possible outcomes of the Preliminary Disposal are outlined in §7.3.

4.5  The Preliminary Disposal may result in a referral of the appeal to a full hearing of the Joint Appeals Committee. The procedure for this is outlined in §8.

4.6  Further review by the Senate Appeals Committee of the University of Glasgow is available following consideration by the Joint Appeals Committee but only on the grounds outlined in §13.2.

5.  Joint Appeals Committee

5.1  The Academic Council of the GSA shall establish a Joint GSA/University of Glasgow Appeals Committee (hereafter referred to as the Committee).

5.2  Full power for deciding appeals are vested in the Committee.

5.3  The Committee shall consist of the Director (Convener) or their nominee, members of the Academic Council, members of the Joint Board for Product Design Engineering and the President of the SRC. Exceptionally, the Committee shall have powers to co-opt up to two members of the Senate of the University of Glasgow. Where a case in question involves a course taught partly in the University, there shall be at least one University member serving on the Committee. The student has the right to object to the involvement of the student representative. Such objection should be submitted in writing along with the letter of appeal.

5.4  Where a member of the Committee has participated directly in the decision appealed against, that member shall not sit for the individual appeal. No member of the Senate Appeals Committee shall be entitled to serve on the Committee.

5.5  The quorum of the Committee shall be three.

5.6  The Committee may have the assistance of a legal adviser.

5.7  The Head of Academic Registry shall normally act as Secretary to the Committee.

5.8  The Joint Appeals Committee shall not have authority to alter an academic decision. If relevant factors are raised by the appeal which should have been known to the GSA Final Examination Board or which the Board failed to take into account, the Committee shall instruct the Board to reconvene to reconsider the assessment. Where the GSA Final Examination Board after reconsideration of the issues raised in the appeal retains the original decision, the Convenor of the Joint Appeals Committee or their nominee shall decide whether the recommendation of the Board should be accepted or rejected.

6.  Lodging of an Appeal 

Timescales

6.1  An appeal or intimation of intention to appeal should be submitted in writing to the Head of Academic Registry at GSA within 10 working days of the intimation to the student of the decision against which the student is appealing, or the day preceding Graduation, whichever is first. Where an intention to appeal is submitted, the full appeal, including the grounds and the remedy shall be submitted within 10 working days of the date of the letter intimating intention to appeal.

6.2  An application for an extension of time for submitting an appeal beyond this period shall be submitted to the Head of Academic Registry and shall include sufficient information concerning the nature of the appeal, the grounds on which an extension of time is sought and shall be accompanied by such evidence of medical or adverse personal circumstances as are relevant to the application.

6.3  An extension of time for submitting an appeal shall not be granted unless the Convener of the Joint Appeals Committee is satisfied that the student was precluded from appealing within the timescale as a result of serious illness or other circumstances which are both exceptional and relevant to the appeal.

6.4  A letter of appeal or other documents for the consideration of an appeal shall be treated as having been given or sent on the day that it is received by the Head of Academic Registry.

Grounds for Appeal

6.5  Appeals will not be entertained against marks or decisions of examiners, or other matters of academic judgment, but only on grounds of unfair procedure or new evidence, namely:

Medical or Other Adverse Personal Circumstances

a)  that there is new information that for good and proper reason was not available to the GSA Final Examination Board at the time when it reached its decision on a particular student.

A student who wishes to appeal on grounds of medical or other adverse personal circumstances against a decision reached by GSA Final Examination Board, is referred to the GSA procedures for Incomplete Assessment resulting from Good Cause in §9 of the GSA’s Code of Assessment.

Unfair or Defective Procedure

b)  that the conduct of the examination was not in accordance with the approved examination regulations for the course;

c)  that the student was given misleading written information concerning the nature of the examination and its requirements. 

6.6  The provision for medical evidence or evidence of adverse personal circumstances is not designed to compensate for underperformance due to these circumstances nor are Examiners expected to infer how a student might have performed if unaffected. Where a student’s performance is borderline between grades or classifications of Honours, provision of such evidence shall not necessarily raise the student to a higher grade or classification.

Content of Letter of Appeal

6.7  All appeals must be submitted along with the GSA Academic Appeals Form, which should be completed in accordance with the GSA Academic Appeals Form Guidance and GSA Code of Procedure for Appeals.

6.8  The Letter of Appeal must include:

a)  the name, address, telephone number and e-mail address of the student;       

b)  all the grounds on which the student considers that the decision should be changed; additional grounds may be admitted subsequently but only at the discretion of the Convener; additional grounds presented at a hearing may lead to adjournment of the hearing.

c)  the remedy, or remedies, which the student seeks;

d)  whether the student wishes to make oral representation at any hearing which may be held or whether they are content for the appeal to be considered without their presence;

e)  whether the student intends to be assisted or represented by any person and, if so, the name, address and occupation of that person.

6.9  A student who wishes to appeal on grounds of medical or other adverse circumstances shall provide a medical report[1] from their General Practitioner or Hospital Consultant. The medical report shall detail the severity, duration and possible impact of the medical condition on the student’s academic performance. Where the student wishes to appeal on the grounds of adverse personal circumstances, a written statement by an independent witness must be provided. The report shall detail the severity, duration and possible impact of the circumstances.

7.  Consideration of Appeal

Power to Give Directions

7.1  The Director or their nominee may direct the student (or their representative) or any party to the proceedings to furnish additional evidence, information or explanation as may be thought to be appropriate.

7.2  A direction to the student (or their representative) shall state the period of time by which the student shall respond in writing following which the appeal may be dismissed by the Director.

Preliminary Disposal 

7.3  Upon receipt of a written appeal the Director or their nominee, after consultation with two other members of the Joint Appeals Committee, may make a Preliminary Disposal which may result in:

a)  Dismissal of the appeal because: no competent grounds for appeal have been stated; the appeal is frivolous or vexatious; the appeal is out of time or the student failed to comply with a direction made;

b)  Dismissal of the appeal because the evidence submitted could reasonably have been presented to the GSA Final Examination Board;

c)  Referral of the appeal to the relevant GSA Final Examination Board for reconsideration where §9.1(a-c) of the procedures for Incomplete Assessment and Good Cause, outlined in the GSA Code of Assessment, has been satisfied and where it is clear that the GSA Final Examination Board was unaware of the medical or personal circumstances described in the letter of appeal.

d)  Referral of the appeal to a full hearing of the Joint Appeals Committee, whereupon the Convener may take such other interim action as they deem appropriate. Provision of a hearing does not imply that a prima facie case has been established.

7.4  The Head of Academic Registry will state in the letter to the student (or their representative) the outcome of the Preliminary Disposal, the reasons for the decision and shall provide the papers which were considered by the Committee.

7.5  An appeal which has been dismissed under Preliminary Disposal may be reinstated if the student (or their representative) makes representations with reasons why the case should not have been dismissed. The representation and the reasons shall be made in writing within 10 working days of the date of letter intimating the outcome of the Preliminary Disposal.

8.  Hearing Arrangements

The Committee will normally meet within 20 days after receipt of an adequate note of appeal, or as soon as practicable thereafter.

The Head of Academic Registry shall:

8.1  Request reports and information including information relating to the manner in which the decision appealed against was reached;

8.2  Request the attendance of any person or persons whose presence is necessary for the hearing of the appeal;

8.3  Provide the student (or their representative) normally within 10 working days in advance of the hearing with a copy of all papers which will be before the Committee and the names of the persons who will be in attendance. The papers will normally be sent by recorded delivery or may at the student’s request, be collected in person.

8.4  Notify the student (or their representative) no less than 5 working days prior to the hearing of the date, time and location of the hearing and the names of the members of the Committee who will consider the case.

9.  Attendance at Hearing

9.1  Where the student is prevented from attending by ill health, the hearing shall normally be deferred on submission of a medical certificate. If the student does not attend on the agreed date and no notification of the absence has been received, if the Convener is satisfied that the student has received due notice of the hearing, the Committee may proceed to deal with the case and to reach a decision in the student’s absence.

9.2  The student shall have the right to be accompanied at the hearing by one of the following: a parent or guardian; a fellow student or other friend or to be formally represented by an Officer of the Students’ Representative Council; a member of GSA staff; or a lawyer. Where the student seeks to have two individuals in attendance, one shall attend as an observer only.

9.3  The student may name any person or persons they wish to be present to provide evidence on their behalf. The name of any person or persons called by the student to provide evidence shall be provided to the Head of Academic Registry no later than 10 working days before the date of the hearing. The student shall be responsible for arranging the attendance of such persons at the hearing with the exception of members of staff of the GSA who shall be notified of the date, time and location of the hearing by the Head of Academic Registry.

9.4  If any person or persons are unable or unwilling to attend the hearing, the Convener of the Committee shall be responsible for deciding if the hearing should proceed on the date arranged or be deferred. A written statement may be presented by any person who has been invited to attend the hearing but is not available on the date specified.

9.5  The hearing shall be held in private. Confidentiality shall be observed at all times within the constraints of the procedure.

10.  Professional Advice

Where the Committee requires the advice of an expert to deal with a question of fact or special difficulty, such an expert shall provide a written report and where appropriate shall be invited to attend the hearing to provide evidence.

11.  Conduct and Procedure for Hearing

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.    

11.1  The Committee shall attempt to ascertain all relevant facts with a view to coming to a reasonable disposal;

11.2  The Committee shall consider the appeal in the light of the relevant regulations and practices taking account of the entire circumstances of the case.

11.3  The Committee shall examine the student and invite them to make an opening statement, or to have a statement made on their behalf. Thereafter the Committee shall:

11.3.1  proceed to examine any person(s) called by the student and any person(s) who, in the view of the Convener, might contribute to the consideration of the appeal, and shall afford the student or their representative the opportunity to question, through the Committee, those persons;

11.3.2  consider all relevant reports and information;

11.3.3  afford the student an opportunity to make a final statement, or to have one made on their behalf.

11.3.4  The Convener shall seek confirmation from all parties that all necessary and relevant information has been conveyed to the Committee, that the questioning is complete and that in the opinion of the student, the hearing has been conducted in a fair manner.

11.3.5  Thereafter all persons, except the Committee, the Head of Academic Registry and any legal adviser appointed to advise the Committee shall retire while the Committee considers its decision. The Committee shall reach its decision or defer the decision pending further investigations.

11.3.6  At any stage it shall be competent for the Committee to adjourn the hearing if it considers this to be necessary.

12.  Disposal

12.1  The Committee shall decide the matter at the conclusion of its consideration of the appeal or as soon as possible thereafter;

12.2  It may decide by a majority;

12.3  It may dismiss the appeal because it does not evidence grounds for appeal as outlined in §6.5;

12.4  If it upholds the appeal, the Committee may order whatever remedy it deems appropriate in the circumstances which does not involve overturning an academic judgment;

12.5  It may refer the appeal to the GSA Final Examination Board with whatever guidance or direction it considers appropriate;

12.6  The Head of Academic Registry, on the instructions of the Convener, shall intimate the decision in writing to the student and to the relevant Head of School and Department or, if appropriate, the Joint Board for Product Design Engineering;

12.7  In its report to the Head of School or the Joint Board for Product Design Engineering, the Committee may wish to include any recommendations related to the matter which has given rise to the appeal. The Committee may also make recommendations, as appropriate, to GSA’s Academic Council.

13.  Further Review

13.1  A student 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 the Senate Appeals Committee can be found in Regulation 28 of the ‘University Fees and General Information for Students’ section of the University Calendar.

13.2  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 procedures at the Joint Appeals Committee level;

c)  the disposal of the Joint Appeals Committee was manifestly unreasonable.

13.3  Independent External Review

If the student is dissatisfied with the outcome of an appeal to Senate, they shall have the right to a review by the Scottish Public Services Ombudsman, details of which are available from the Senate Office.