2023-24
Code of Procedure for Appeals to a College Appeals Committee
(For Undergraduate, Taught Postgraduate and Research Postgraduate Students)
The Code of Procedure for Appeals to a College Appeals Committee is governed by Resolution No. 570 of the University Court.
27.1 Informal Resolution
Prior to submitting a formal appeal to College, students are advised to discuss the matter with an Adviser of Studies or equivalent, Supervisor or Course Co-ordinator in an attempt to resolve the matter informally. The Students' Representative Council Advice Centre[1] can provide advice and assistance to a student in seeking an informal resolution.
27.2 College Appeals Committee - Jurisdiction
27.2.1 The jurisdiction of the College Appeals Committee shall comprise all academic decisions concerning progress, assessment or award other than decisions taken in respect of proceedings under the Code of Student Conduct (Regulation 33), the Complaints Handling Procedure (Regulation 29) or the Procedure for Determining Fitness to Practise (Regulation 36).
27.2.2 The Committee shall not have authority to alter an academic decision. If relevant factors are raised by the appeal which should have been made known to the Board of Examiners or which the Board failed to take into account, the Committee shall instruct the Board to reconvene to reconsider the assessment.
27.2.3 The Committee shall not have authority to permit the resubmission of a thesis for a degree by research where a Committee of Examiners following due process, has recommended rejection of the thesis or resubmission for a lower degree. If the appeal reveals failure on the part of a College to meet the standards set by the Code of Practice for Postgraduate Research Degrees, the student may raise a complaint under the Complaints Handling Procedure (Regulation 29).
27.3 Lodging an Appeal
Time within which an appeal is to be lodged and late appeals
27.3.1 Where an appeal lies against an academic decision in terms of §26.3; Definition of an Appeal, the appeal or an intention to appeal shall be submitted in writing to the relevant contact in the College Academic & Student Administration Team[2] within 10 working days[3] of the student being informed of the decision against which they are appealing. Where an intention to appeal is submitted, the full appeal, including the grounds, remedy and all supporting evidence shall be submitted within 20 working days of the student's intention to appeal submission.
27.3.2 The timescale of 10 working days to intimate an intention to appeal combined with 20 working days to submit an appeal is designed to provide sufficient time for preparation of the appeal. Students are responsible for ensuring that arrangements such as consultations with representatives, and data requests made under Data Protection or Freedom of Information legislation, are initiated at the beginning of the process. In considering any request from a student for an extension to the normal timescale for submission of an appeal, the timeliness of the student’s own actions will be taken into account.
27.3.3 An application for an extension of time for submitting (i) an intention to appeal beyond 10 working days, or (ii) an appeal and complete paperwork beyond 20 working days after submitting an intention to appeal, shall be made in writing to the relevant contact in the College Academic & Student Administration Team for the attention of the Convener of the College Appeals Committee and shall state the grounds on which an extension of time is sought and be accompanied by such evidence of medical or other adverse personal circumstances as are relevant to the application for additional time. The applications should include sufficient information about the appeal itself to identify the assessment in question and give an indication of the nature of the appeal.
27.3.4 An application for extension of time for submitting an appeal, or an intention to appeal, shall not be granted unless the Convener of the College Appeals Committee is satisfied that the student was precluded from submitting within the timescales set out in §27.3.1, as a result of serious illness or other circumstances which are both exceptional and relevant to the appeal.
27.3.5 Documents required for the consideration of an appeal shall be treated as having been given or sent on the day that it is received by the College Academic & Student Administration Team; and any letter or document sent to any person including the student in connection with the appeal shall, if sent to the person's last notified address, be treated as having been given or sent on the day that it was posted or emailed.
Grounds for Appeal
27.3.6 A College Appeals Committee shall entertain an appeal against a decision of an academic body only on the following grounds:
i) unfair or defective procedure;
ii) a failure to take account of medical or other adverse personal circumstances;
iii) there are relevant medical or other adverse personal circumstances which for good reason have not previously been presented.
27.3.7 In the case of a claim of unfair or defective procedure, evidence in the form of written statements or formal documents such as the Minute of the Board of Examiners must be provided. Advice on a subject data access request can be obtained from the Data Protection Office at:
https://www.gla.ac.uk/myglasgow/dpfoioffice/a-ztopics/subjectaccessrequestsar/
27.3.8 In the case of a claim of a failure to take account of medical or other adverse personal circumstances, the student shall be referred to §26.3; Definition of an appeal.
Submission of Appeal Form
27.3.9 In order to appeal, students must complete an Appeal Form. It is the student’s responsibility to ensure that all information required to consider the appeal is submitted by the relevant deadline. Additional submissions will not normally be accepted.[4]
27.3.10 An appeal will not be considered by the College Appeals Committee unless an Appeal Form has been completed.
27.3.11 To complete an Appeal Form, students will need to state:
i) the name and address of the student, the student ID number and the email address to be used for correspondence (the student email address will be used unless otherwise instructed by the student);
ii) the decision appealed against;
iii) all the grounds for the appeal: additional grounds may be admitted subsequently only at the discretion of the Convener; additional grounds presented at a hearing may lead to adjournment of the hearing;
iv) the remedy or remedies which the student seeks.
27.3.12 Students must submit all relevant evidence with their Appeal Form. Guidance on appropriate evidence is set out in the Form.
Evidence of medical or other adverse personal circumstances
27.3.13 A student who wishes to appeal on grounds of medical circumstances shall provide a medical report[5] 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.
27.3.14 Where the student wishes to appeal on the grounds of other 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.
27.3.15 Where the student has failed to notify the Head of School or their nominee of medical or other adverse personal circumstances in compliance with §16.46 of the Code Assessment, the Appeal Form shall contain a statement explaining the exceptional circumstances which prevented notification at the relevant time.
27.3.16 Evidence should consist of complete documents that are clearly dated. Non-textual images will not normally be considered. Evidence put forward to support the appeal which is suspected of being dishonest or to have been dishonestly acquired may be referred for investigation under the Code of Student Conduct.
27.4 College Appeals Committee - Constitution
27.4.1 Each College shall establish a College Appeals Committee (hereinafter referred to as the Committee) which shall have full powers to decide appeals.
27.4.2 The Committee shall be constituted as follows:
i) The Committee shall be convened by the Head of College or their nominee.
ii) Up to 14 members will be drawn from the membership of the College, with representation from each of the Schools within the College. The membership will be individuals with experience of assessment, teaching and supervision at undergraduate and postgraduate (including research) levels. One member shall be appointed as the Vice-Convener.
iii) Members of other College Appeals Committees of the University may also be co-opted onto the College Appeals Committee to hear specific appeals with the proviso that they must not have had any involvement with the academic decision being appealed against.
27.4.3 The membership of the Committee shall be reported to Senate annually. Members shall normally serve for a period of three years.
27.4.4 No member of the Senate Appeals Committee shall be entitled to serve on the Committee. Where a member of the Committee has participated directly in the decision appealed against, that member shall not sit for that individual appeal.
27.4.5 The quorum of the Committee to consider a specific student appeal shall be three; this shall comprise the Convener, plus at least two members who can each be drawn from either section (ii) or (iii) in §27.4.2.
27.4.6 The Committee may have the assistance of a legal adviser.
27.4.7 A member of the College Academic & Student Administration Team shall act as Clerk to the Committee.
27.5 Consideration of Appeals
Power to give directions
27.5.1 The Convener of the College Appeals Committee 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.
27.5.2 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 Convener of the College Appeals Committee.
Consideration by the Committee
27.5.3 The Convener of the College Appeals Committee or their nominee in consultation with two members of the College Appeals Committee may make a decision without a hearing where the paperwork is comprehensive and informative and no further information is required from the student or where the student is no longer available for a hearing.[6] The Committee may:
i) dismiss the appeal because the subject-matter does not fall within the scope of §27.3.6;
ii) dismiss the appeal because no competent grounds have been stated or because the appeal is frivolous or vexatious or because the appeal is out of time or because the student failed to comply with a direction made;
iii) dismiss the appeal because it does not establish a case that the decision appealed against involved defective or unfair procedure, or a failure to take relevant evidence of adverse personal circumstances into account;
iv) dismiss the appeal because the evidence submitted could reasonably have been presented to the Board of Examiners or other academic body;
v) refer the appeal directly to the appropriate academic body responsible for the application of the progress regulations or to the Board of Examiners with whatever guidance or direction they consider appropriate;
vi) refer the appeal to a full hearing before the College Appeals Committee. Provision of a hearing does not imply that a case has been established.
27.5.4 The Convener of the Committee may also take such other interim action by way of direction as they deem appropriate.
27.5.5 The Clerk to the Committee shall state in the outcome letter to the student (or their representative) the reasons for the decision and shall provide the papers which were considered by the Committee.
27.5.6 In cases where the student considers there to be new evidence relevant to the appeal, or that the disposal of the appeal by College was manifestly unreasonable or involved defective procedure, the student should follow the procedure for appealing to the Senate Appeals Committee.
27.6 Arrangements for a Hearing Before the College Appeals Committee
Timing of the hearing
27.6.1 When a hearing is required, the Committee shall meet within 20 working days of receipt of the appeal. Where this is not possible the student should be informed as soon as possible within the 20 day period and be given the reason(s) for the delay.
Preparation of papers
27.6.2 The Clerk of the Committee shall:
i) request reports and information including information relating to the manner in which the decision appealed against was reached;
ii) request the attendance of any person or persons whose presence is necessary for the hearing of the appeal;
iii) provide the student (or their representative), normally 10 working days in advance of the hearing, with a copy of all papers which will be before the Committee and the names of those persons who will be in attendance. The papers will normally be sent by email unless other means are requested by the student;
iv) notify the student (or their representative) no less than five 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.
27.7 Attendance at Hearing
27.7.1 Where the student is prevented from attending by ill health, the hearing shall normally be deferred on submission of medical evidence. If the student does not attend on the date appointed 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.
27.7.2 The student shall have the right to be accompanied, assisted or represented at the hearing by one of the following: a parent or guardian; a fellow student or other friend; an Adviser from the Students' Representative Council Advice Centre; a member of University staff, or any other person. Where the student seeks to have two individuals in attendance, one shall attend as an observer only. The student shall provide the name of any person or persons they wish to attend in this capacity to the Clerk of the Committee no later than 10 working days before the date of the hearing.
27.7.3 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 Clerk of the Committee 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 University who shall be notified of the date, time and location of the hearing by the Clerk to the Committee.
27.7.4 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 at the date specified.
27.7.5 The hearing shall be held in private. Strict confidentiality shall be observed.
27.8 Expert Advice
27.8.1 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.
27.9 Procedure for the Conduct of a Hearing
27.9.1 The Committee shall rely only on evidence presented at the hearing. Unauthorised electronic recordings of previous meetings or events will not be admissible as evidence at the hearing.
27.9.2 The hearing shall be conducted in the presence of all persons invited to attend to provide evidence.
27.9.3 Any unauthorised electronic recording of the hearing is expressly forbidden by the University and may constitute an offence in terms of the Code of Student Conduct.
Statements
27.9.4 At the hearing:
i) The Convener shall invite the student and their representative to make a statement. If the student declines the invitation to make a statement, the Committee shall reserve the right to question the student directly.
ii) The Committee shall then address any questions to the relevant parties including those appearing to advise the Committee and shall afford the student and their representative an opportunity to question the persons involved. All questions will be directed through the Convener.
iii) The Committee shall consider any request from any person present at the hearing to make a statement or to put questions through the Convener to anyone whom the Committee has examined.
iv) The Committee shall afford the student an opportunity to make a final statement or to have one made on their behalf.
v) 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.
Deliberation of the Committee
27.9.5 Thereafter all persons except the Committee, its Clerk 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.
Rules of evidence
27.9.6 In reaching its decision, the College Appeals Committee shall not be bound by the rules of evidence. The Committee shall attempt to ascertain all relevant facts with a view to coming to a reasonable disposal.
Adjournment
27.9.7 At any stage the Convener may adjourn the hearing if they consider this to be necessary.
27.10 Disposal
27.10.1 The Committee shall decide the matter at the conclusion of its consideration of the appeal or as soon as possible thereafter.
27.10.2 The Committee may decide by a majority.
27.10.3 The Committee may:
i) dismiss the appeal because the subject matter of the appeal does not fall within the scope of §26.3;
ii) dismiss the appeal because the decision appealed against did not involve defective or unfair procedure, or a failure to take relevant medical or adverse personal circumstances into account;
iii) refer the appeal to the appropriate committee or to a Board of Examiners with whatever guidance or direction it considers appropriate;
iv) uphold the appeal and grant whatever remedy it considers fair in the circumstances which does not involve overturning an academic judgement.
27.10.4 The decision and the reasons for the decision, with reference to any findings of fact, will be provided in writing to the student and their representative by email normally within 10 working days of the decision being determined. If it is not possible to provide the decision and the reasons for the decision within this timescale, the student will be informed of the reason for the delay and a new timescale will be provided.
27.10.5 Where an appeal is upheld, the University shall defray reasonable and proportionate incidental expenses necessarily incurred by the student in the process of pursuing the appeal.
27.10.6 Incidental expenses are those which arose out of the pursuit of an appeal. They might include travelling expenses or photocopying expenses. Expenses should be reasonable and proportionate. The claim should be supported by evidence in the form of receipts. Where the claim relates to travel expenses, these should be at the lowest rate that could be obtained taking account of the circumstances of the claim.
27.10.7 A claim for expenses should be made on a Complaints Expenses form and submitted to senate-appeals@glasgow.ac.uk within 20 working days of the date of the letter of outcome of the appeal.
27.11 Annual Review
The College Appeals Committee shall review its proceedings annually.
[1] The Students’ Representative Council Advice Centre can be contacted at: advice@src.gla.ac.uk and can provide advice on all stages of the appeals process.
[2] A list of the contacts in College Academic & Student Administration is provided at https://www.gla.ac.uk/myglasgow/apg/studentcodes/academicappealsstudents/.
[3] For the purposes of this Code, Monday to Friday are counted as working days except when the University is closed for a public or other Holiday. Saturdays and Sundays are not counted as working days.
[4] The Students’ Representative Council Advice Centre (advice@src.gla.ac.uk) can assist students with completion of the Appeal Form and identifying the relevant ground(s) for appeal.
[5] Students who require financial assistance with the cost of obtaining evidence may be able to access the University’s Hardship Fund: https://www.gla.ac.uk/myglasgow/registry/finance/funds/. The Students’ Representative Council (SRC) Advice Centre (advice@src.gla.ac.uk) can advise on other sources of financial assistance.
[6] The timing for the consideration and notification of the appeal outcome should not exceed that set for cases considered by a full hearing as specified in §27.6.1 and §27.10.4 of this Code. Therefore the decision should be issued within 30 working days of receipt of the Appeal Form. Where this is not possible the student should be informed as soon as possible of the reason for the delay.