Appeals Policy and Procedure

 

 

1.1 The policy applies to all enrolled students of YOUTH EDUCARE, whether studying via full time or part time, or short courses. Only in exceptional circumstances will appeals be considered outside of this timescale.

1.2 This policy does not apply to:

(a) Those applying to study at YOUTH EDUCARE  and

(b) Third parties wishing to raise an appeal on behalf of a student. This includes parents, guardians, relatives or the spouse or partner of a student.

(c) Registration suspended from YOUTH EDUCARE for mal-practice and crime.

2.            Mapping of Policy against the QAA UK Quality Code

2.1 This policy and procedure has been written with regard to the QAA Quality Code

Chapter B9: Academic appeals and student complaints which requires higher education providers to meet the following expectation:

Higher education providers have procedures for handling academic appeals and student complaints about the quality of learning opportunities; these procedures are fair, accessible and timely, and enable enhancement.

3.            Definitions

3.1 An academic appeal is a request for a formal review of an academic decision the institution has made about a student’s assessment (examination or coursework), discretionary progression within or completion of a programme of study, or termination of studies on academic grounds.

3.2 Academic appeals may be made under two main headings:

(a) Internally in respect of assessments where YOUTH EDUCARE is the awarding body or acting on behalf of an external awarding body.

(b) Externally where the assessment is directly undertaken by an external awarding body.

4.            Internal appeals

4.1 Students have the right to appeal to the Academic Appeals Panel for a review of the following decisions:

  1. a decision about that a student is not allowed to progress to the next stage of a  course. This includes students whose registration with YE is terminated.
  2. a particular assessment result (where the case rests on a claim of procedural irregularity)
  3. a decision that a student is withdrawn from YE because s/he has failed to satisfy the attendance requirements

5.            Appeals against decision of an external body

5.1 In the case of assessments conducted by external awarding bodies, the appeal regulations and processes of the external awarding body shall apply. YE will assist any student making an appeal.

6.            Deadline for appeal

6.1 Appeals will only be accepted if submitted within 7 working days of the student receiving notification of the decision they wish to appeal against (or publication of results).

6.2 A student who is unable to lodge an appeal within the 7 working days period shall, within that period, lodge a written declaration of intent to do so with the Admin Office, who may impose a time limit for the submission of the full appeal. Any appeal submitted beyond these limits must include reasons and evidence showing why, through no fault on the part of the student, the request could not have been made within the time limit.

If, in the opinion of the relevant Admin Office, these reasons are not valid, the appeal will be rejected summarily and the student will be informed in writing of the reasons. Any such decision will be made within ten working days of receipt of the appeal.

It should be noted that deadline of the appeal sometimes will depend on the appeal policy of the awarding body. Students are advised to contact as soon as possible with the tutor or the admin of YE.

 

7.            Applications for Appeal

7.1 All appeals shall be made on Application for Appeal Form and submitted to the Admin Office and shall include a statement indicating which of the grounds set out in paragraph 6 below the candidate relies on and a statement of the facts that constitute the basis for the appeal.

7.2 If the relevant Admin Officer considers that these facts are not adequately stated, they may require the candidate to submit a further statement and may prescribe time limits within which any such statement shall be submitted. Any such response will be made within ten working days of receipt of the appeal.

7.3 Applications for appeal can only be made on the grounds set out in paragraph 8 below.

 

 

8.            Grounds for Appeals

8.1 It is for the student to establish their case and only claims of one or more of the following will be considered as grounds for appeal:

(a) That their performance had been adversely affected by illness or by other factors (e.g: family crisis) which, in exceptional circumstances, they were unable or for valid reason unwilling to disclose to YE before it made its original decision. An appeal can usually only be considered where the student has been unable to follow the normal procedure for submitting evidence to the appeal panel and it would not be reasonable to have expected them to have done so; and/or

(b) That there has been significant failure of due process in the making of the original decision (including but not limited to irregularity in the procedures of the YE or significant computational or administrative errors of fact in results published), which the student believes affected the YE's original decision. It is not enough to show that an error has taken place - it will be necessary to show that the error resulted in an incorrect decision being made. If the error is clearly demonstrable, it can often be corrected without the necessity to go through a formal appeal process, so students are advised to seek urgent advice from their Tutor in the first instance; and/or

(c) There exists evidence of prejudice or bias on the part of an examiner. An appeal brought on these grounds should clearly identify the particular individual(s) considered to have shown prejudice or bias, and should be supported by evidence;

and/or

(d) That they possess new substantive information supported by evidence which was not known by the student and/or the evidence could not reasonably have been obtained by the student in time to present to the appeal panel of YE which made the original decision against which the student is appealing.

 

 

8.2 The following circumstances will not be considered grounds for appeal:

(a) Perceived past shortcomings in tuition, supervision or support not previously raised with the institution cannot be considered as grounds for appeal. Students should use the YE's Complaints procedures to address these issues as they arise.

(b) An Appeal may not be made to question the academic judgement of an Examination/Progression Board or individual, and the student will not be permitted to argue the academic merits of his/her work. The student’s feeling that the result unfairly reflects the merit of their work or their ability is not a ground of appeal.

(c) An Appeal may not be made against the actual mark awarded for a piece of assessed work, which is a matter of academic judgement, except where the case rests on a claim of procedural irregularity. If a student wishes to have clarification about a mark received for an individual assessment or module they are advised to contact their School or module convenor directly. Errors in calculating or recording marks on the basis of which the original decision was made cannot be submitted as grounds for appeal, unless these errors have been identified by the student and brought to the YE’s attention but are not accepted by the School.

 

9              Appeals procedure

9.1 Once the relevant information has been gathered together and advice sought, a decision will be taken as to whether the appeal is admissible. A decision on whether or not an appeal is admissible will be made by Administration, on the basis of the evidence available and advice from relevant officers.

9.2 If it is clear the circumstances claimed by the student do not constitute sufficient grounds for an appeal, the case will be considered to be inadmissible. This includes instances where:

(a) the student has provided no substantial, relevant evidence of a procedural irregularity or of prejudice.

(b) the procedural irregularity claimed by the student clearly could not have affected the decision against which the appeal is being made to an extent that would have led to a different decision.

(c) no substantive reasons have been provided for regarding the decision as manifestly unreasonable.

9.3 If the appeal is considered to be inadmissible, a letter with the reasons for the decision will be sent to the student. The reasons for the decision will be conveyed by letter to the student.

9.4 Where it is believed that there may be grounds, the appeal will be considered to be admissible and it will be considered by the Academic Appeals Panel.

10.          Advice and Guidance

10.1 Independent, non-judgemental advice on these procedures is available from (Student Support staff or the Tutor can advise students on the application and operation of the regulations.

11.          Appeals Panel

11.1 The Academic Appeals Panel comprises three staff members of YE who are appointed to the Panel by the Management Committee. To ensure that your case is heard by staffs who are impartial, no one who has too close a personal or professional association with the appellant or the subject of the appeal shall be eligible to serve as a member of the Academic Appeals Panel. You will not be able to attend the meeting of the Panel.

11.2 After it has considered the case the Panel will normally reach one of three decisions:

(a) REJECT: If the Panel believes that the original decision was fair and does not contravene School regulations the appeal will be rejected. An appeal may also be rejected because the grounds for appeal are not clearly stated or the appeal has been received late.

(b) UPHELD: If the Panel believes that the original decision was unfair or contravened YE’s regulations it will decide to uphold the appeal. If this happens, the Panel will write to the relevant academic committee recommending a course of action to resolve the situation. You should note that when an appeal is upheld the Panel cannot substitute any mark with one of its own, make a judgement on the quality or standard of a student’s work.

(c) DEFER: If the Panel believes that further information is required before it can make a decision it will defer the case and ask the relevant Admin Officer to provide more details of information. Where a case is deferred, every effort will be made to obtain the additional information in time for the case to be considered at the next meeting.

11.3 Where a case is rejected, the reasons for the decision will be conveyed by letter to the student and, where appropriate, other parties. This will not prevent the student from submitting a revised case within one calendar month of receiving notification of the outcome of their appeal if s/he has new evidence to make known.

11.4 The Academic Appeals Panel decision will be final. The student may be able to submit a revised application only if s/he has new evidence to make known.

Further Procedures: 

Student who considers that YE has failed to carry out its duty to act fairly in the application of the Academic Appeals Policy may write to the Executive Director of YOUTH EDUCARE to request a review of their case.  Such requests should be made within one month of the student being notified of the outcome of their application to appeal. The Executive Director, or delegate acting on the Director's behalf, will conduct a review of the papers relating to the appeal and any other information supplied by the student. Where necessary, the Director or delegate may liaise with the Appeal Decision Making Committee in conducting the review and in determining an appropriate outcome.

 

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