Academic Appeals

An academic appeal is defined as a request for a review of a decision of an academic body charged with making decisions on student progression, assessment and awards. Appeals may be made by individuals only; they may not be lodged by a representative, a parent or any other third party (unless it can be shown that there are good grounds why the student cannot make the appeal themselves).

Where an academic appeal also contains within it a complaint and vice versa, Education Services may reclassify the appeal or complaint (at whatever stage they may have reached) and process it under the most relevant regulation or procedure if this is likely to lead to a more appropriate outcome for the person(s) appealing or complaining. Candidates will be notified in writing (via email) by Education Services of any reclassification.

The University expects all parties to act reasonably and fairly towards each other, and with respect. If an appeal is not upheld, the reasons for the decision will be communicated to the candidate.

These procedures are available to candidates who are enrolled within the University, whether studying or domiciled overseas (including those on a collaborative programme with a partner institution), involved with placements or work-based learning, and candidates who have interrupted their studies on a temporary basis. These procedures also apply to former candidates of Swansea University who have withdrawn from their programme or have completed their programme as long as the appeal is submitted within 3 months of notification of the Progression and Awards Board decision being appealed.

These appeals procedures are relevant for candidates wishing to appeal against a decision taken by a Progression and Awards Board in the following instances:

• Candidates who are prevented from continuing with their studies part-way through a level of study or part of a programme.
• Candidates who fail to qualify to proceed to the next stage of their programme at the end of a level, end of a part or end of a year.
• Where the implications of the progression decision taken by the Examination Board may have a significant impact on the student's overall results (e.g. capping of marks).
• Candidates who have completed their programme but who wish to appeal against the result or candidates who are dissatisfied with the award of an exit qualification of the University.

2.1   Grounds for Appeal

2.2

The experience and knowledge of a student, the student’s performance and whether they have reached the required academic standard, and an awareness of best practice in higher education are combined to allow an examiner to make an academic judgement on the ability of a student. Academic judgement is the decision made by academic staff on the quality of academic work or the criteria being applied to mark work (rather than the administrative marking process). Academic appeals which question this academic judgement shall not be considered.

2.3

Appeals against decisions taken by Faculty/School Special Circumstances Committees (or appropriate Committee), Collaborative Partnership Committee or the Student Cases Board (or nominee) in relation to extenuating circumstances shall not normally be considered.

2.4

The University shall only consider academic appeals which are based on one or more of the following grounds:

2.4.1

The Progression and Awards Board failed to take into account all work submissible and properly submitted for assessment.

2.4.2

There was evidence of a computational or administrative error in arriving at the end of level/part decision.

2.4.3

Evidence of prejudice or of bias or of inadequate assessment, not of an academic nature, on the part of one or more of the examiners.

2.4.4

Defects or irregularities in the conduct of the assessment or in written instructions or in advice relating thereto which are of such a nature as to cause reasonable doubt as to whether the examiners would have reached the same decision had they not occurred. Candidates must provide a compelling reason for not bringing to the attention of their Faculty/School the defects or irregularities when they occurred.

2.4.5

The examiners were aware of, but did not fully consider, defects or irregularities in the conduct of the assessment or in written instructions or in advice relating thereto, when such defects or irregularities or advice might, in the candidate’s opinion, have had an adverse effect on their performance.

2.4.6

Extenuating circumstances (as defined within the Policy on Extenuating Circumstances Affecting Assessment) which the Examiners were not aware of and which had an adverse effect on the candidate's academic performance. Candidates must provide an explanation, supported by evidence to show that:

(i) The candidate had extenuating circumstances at the time of their affected assessment(s); and

(ii) The extenuating circumstances had an adverse effect on the candidate’s academic performance in the affected assessment; and

(iii) The candidate:

(a) had been unable to determine whether or not they were fit to undertake the assessment; and/or

(b) had a good reason for not notifying the Faculty/School/Collaborative Partner Institution of their circumstances at the relevant time (see Sections 2.5 and 2.6).

2.5

In accordance with the University’s regulations, candidates shall be expected to submit to their Faculty/School/Collaborative Partner Institution an application with evidence of any personal circumstances which might have had an adverse effect on their studies, in accordance with the Policy on Extenuating Circumstances Affecting Assessment. In the case of examinations, such applications must be submitted in accordance with the policy and by the deadlines prescribed. Normally, any academic appeal based on “new extenuating circumstances”, which has not been submitted to the Faculty/School in accordance with the mentioned policy and by the prescribed deadline, will not be considered.

Candidates studying on the following programmes shall be expected to submit extenuating circumstances applications to their Faculty/School in accordance with the procedures and time-limits outlined in their Faculty/School Handbook - which take precedence over the University's Policy on Extenuating Circumstances Affecting Assessment for these programmes:

• MBBCh Medicine;
• Legal Practice Course;
• LLM Flexible Taught Masters.

In the case of research students, candidates are expected to make their supervisor(s) aware of circumstances which might affect their studies as and when they occur in order that appropriate consideration and/or action can be taken. Where the candidate attends a (research) viva examination, they are expected to make the Examining Board aware of any extenuating circumstances which could have an effect on their examination. Academic appeals based on extenuating circumstances which could have been brought to the attention of the Examining Board prior to oral examination shall not be considered.

2.6

It shall be presumed that the candidate would have been unable to determine whether or not they were fit to undertake the assessment and/or had a good reason for not notifying the Faculty/School/Collaborative Partner Institution of their circumstances at the relevant time when a candidate provides appropriate written evidence that:

(a) They had experienced any of the following extenuating circumstances:

• Severe depression.
• Severe mental health issues.
• Psychiatric admission.
• Death of a close relation (defined as a parent/step-parent/primary carer of the candidate, sibling/step-sibling, partner/spouse, son or daughter/step-son/step-daughter/foster child.)
• Serious sexual assault; 
• Pregnancy loss.
• Diagnosis of a terminal illness of themselves and/or a close relation (defined as a parent/step-parent/primary carer of the candidate, sibling/step-sibling, partner/spouse, son or daughter/step-son/step-daughter/foster child).
• Life threatening illness/injury of themselves or a close relation which required hospitalisation (defined as a parent/step-parent/primary carer of the candidate, sibling/step-sibling, partner/spouse, son or daughter/step-son/step-daughter/foster child).
• Recent disclosure to Police relating to historic sexual abuse.
• Recent disclosure to Police relating to domestic abuse/coercive control; and

(b) That the above circumstance/s had occurred no earlier than three calendar months before the submission deadline-examination date of the affected assessment.

The above does not preclude a candidate from submitting an appeal based upon any type of extenuating circumstance and circumstances which occurred earlier than three calendar months before the submission deadline/examination date of the affected assessment provided that the criteria within Section 2.4.6 are met.

2.7

Candidates who have been granted supplementary assessments shall not normally be permitted to submit an appeal against that decision.

3.1

All appeals against academic decisions must be submitted by e-mail to studentcases@swansea.ac.uk using the Academic Appeal Form. Students should complete the Academic Appeal Form in English or Welsh. Further information about, or clarification of, these procedures is also available from Education Services.

3.2 

Candidates who wish to appeal against a decision taken by an end of Level/Part Progression and Awards Board must submit the appeal within 3 months of notification of this relevant Examination Board decision (i.e. the date on which the academic result is published on the intranet or otherwise made available to the candidate by the Faculty/School/Collaborative Partner Institution). This means for example that candidates cannot wait until they have received an award/exit qualification to appeal against the decision reached by a Progression and Awards Board during an earlier Level/Part. By way of specific example:

• An Undergraduate candidate who wishes to appeal against their Year 2 marks would need to submit an appeal within three months of notification of the Level 5 Progression and Awards Board decision;
• A Postgraduate Taught Masters candidate who wishes to appeal against their taught module marks would need to submit an appeal within three months of notification of the Progression and Awards Board decision confirming these marks and progression decision.

The University shall not normally consider academic appeals submitted more than three months after notification of the relevant Progression and Awards Board decision, unless the candidate shows there to be a compelling reason why the appeal has been submitted late.

3.3

If an appeal is not received within the time limit stipulated, the appeal will normally be treated as not eligible for consideration on the basis it is ‘out of time’, unless the candidate shows there to be a compelling reason for not having submitted the appeal within the time limit. Where it is decided that an appeal is not eligible for consideration, the candidate will be advised of this outcome by email, and will be informed of their right to request a final review of the outcome under the Final Review Regulations.

3.4

All appeals must be made in writing using the University’s Appeal Form. All appeals must be submitted either in English or Welsh.

The appeal submission must include the following:

• The grounds on which the appeal is based. See Section 2.
• The desired outcome from the point of view of the candidate (for example, a specific request to be permitted to sit supplementary examinations). The desired outcome must be permissible within the current regulations.
• Details as to the element(s) of study that were affected (e.g. module code, assignment, examination and date of assessment) and details of the impact of the circumstances on the particular elements of study.
• Full documentation to substantiate any exceptional circumstances or claims (for example: medical/health certificate, death certificate, letter of support from a support service in the University). Such evidence provided must be dated, must indicate how the circumstances affected the academic performance, must be relevant to the affected assessment and must demonstrate that the candidate was unable to determine whether or not they were fit to undertake the assessment and/or had a good reason for not notifying the Faculty/School/Collaborative Partner Institution of their circumstances at the relevant time in accordance with the Policy on Extenuating Circumstances Affecting Assessment.
• Where original evidence is submitted in a language other than English or Welsh certified English translations must be provided by the student.

  The University recognises, however, that it may be difficult for students to obtain evidence in the current climate, noting the current pressures on the health and other services, and will make every effort to consider applications sympathetically. We may ask you to provide more evidence if required.

4.1

Prior to the consideration of any appeal, the Director of Education Services’ nominee (thereafter referred to as the nominee) shall establish that the Progression and Awards Board was both properly constituted and that its business was conducted in the proper manner (i.e. in accordance with the Academic Regulations). Where meetings have not been properly conducted, the nominee shall make arrangements for the reconsideration of all decisions which may have been affected.

5.1

Education Services shall acknowledge, in writing, receipt of an appeal within 5 working days. The acknowledgement shall be sent by e-mail to the candidate and include a general overview of the appeals procedure and provide a time-estimate for the determination of the appeal. 

5.2

Once acknowledged, all appeals shall be initially considered by appropriate Education Services nominee(s) with particular reference to:

• The information and evidence provided by the candidate within their Academic Appeal and the candidate’s preferred academic appeal outcome;
• Information provided by the candidate’s School/Faculty/Collaborative Partner Institution (to include whether the School/Faculty are supportive of the appeal and the outcome sought by the candidate);
• The assessment regulations for the candidate’s programme/level of study and whether the outcome sought by the candidate accords with these assessment regulations;
• The candidate’s Academic Profile;
• Any constraints imposed by external agencies such as professional bodies.
  
  

5.3

Where the appeal is upheld, an Education Services nominee shall inform the candidate, in writing, of the result of the appeal as soon as practically possible following the determination of the appeal. The letter from the nominee (which will be emailed to the candidate) shall confirm the decision reached. If it is not practicable to provide the summary of the reasons for the decision at the same time of the notification of the decision taken, the reasons will be provided as soon as practicable thereafter. A copy of the letter shall be sent to the relevant School/Chair of Examination Board/Collaborative Partner Institution nominee, and the candidate’s record shall be amended accordingly. 

5.4

The University/Collaborative Partner Institution shall notify the relevant authorities (sponsors, Local Education Authorities, National Education Authorities and/or the UK Visas and Immigration) of the outcome of the appeal where appropriate. 

6.1

In the event that the appeal is not upheld under Stage 1 above, then the appeal shall be considered and determined in accordance with Stage 2 by a panel of two appropriately trained and experienced staff members of Education Services, referred to as the Appeal Panel.

6.2

The Appeal Panel may contact the relevant Faculty/School/Collaborative Partner Institution, Disability Office, or Wellbeing Services, as appropriate, for further information.

6.3

Appeals which are not based on the grounds listed in Section 2.4 or where there is no evidence to support the appeal may be rejected by the Appeal Panel.

6.4

The following shall not be considered to satisfy the grounds for appeal:

• Questioning the academic or professional judgement of the examiners.
• A candidate’s disappointment with a result where marks have been accurately recorded, assessment regulations correctly followed and where no evidence of material irregularity exists.
• Where the candidate made their extenuating circumstances known by submitting an extenuating circumstances application for the relevant assessment(s) in accordance with the Policy on Extenuating Circumstances Affecting Assessment and such application was approved or rejected by the Faculty/School/Collaborative Partner Institution.
• Where extenuating circumstances were made known to the University Progression and Awards Board or appropriate committee and such circumstances were fully considered.
• Where the student failed to submit evidence of their extenuating circumstances to the Faculty/School in accordance with the Policy on Extenuating Circumstances Affecting Assessment.
• Where the evidence presented in relation to an appeal based upon extenuating circumstances does not support the notion that the candidate had extenuating circumstances at the relevant time.
• Where the evidence presented in relation to an appeal based upon does not support the notion that the candidate was unable to determine whether or not they were fit to undertake the assessment and/or had a good reason for not submitting their circumstances at the relevant time.
• Where the evidence presented in relation to an appeal based upon extenuating circumstances does not support the notion that the candidate had extenuating circumstances which fall within section 2.6.

6.5

Candidates whose appeal has been rejected by the Appeal Panel shall, where practicable, be notified in writing (which will be emailed to the candidate) by the Appeal Panel within 30 working days of the date of the receipt of the appeal or receipt of any evidence in support of the appeal that may have been requested. Where this timescale is not practicable, the candidate will be provided with a revised time-estimate for the consideration and notification of their appeal. The notification of rejection will include a brief summary of the reasons for the decision taken. If it is not practicable to provide the summary of the reasons for the rejection at the same time of the notification of the decision taken, the reasons will be provided as soon as practicable thereafter. Any failure to provide a rejection within the relevant timescale will not for the avoidance of doubt constitute acceptance that valid appeal under these regulations has been made by the candidate.

The University shall notify the relevant authorities (sponsors, Local Education Authorities and/or the UK Visas and Immigration) of the outcome of the appeal where appropriate.

6.6

Where the Appeal Panel decides that the appeal is based upon the grounds listed in 2.4 and that there is compelling evidence to support the appeal, the Appeal Panel shall proceed to consider and determine the appeal in accordance with Section 8.

7.1

The Academic Appeal Panel shall consider:

• Whether all work submissible and properly submitted for assessment was taken into account by the Progression and Awards Board;
• Whether there is evidence of an administrative or computational error of such a nature to cause reasonable doubt as to whether the Examination Board would have reached the same conclusion if that error had not been made;
• Whether there is evidence of defects or irregularities in the conduct of the examination or in written instructions, or in advice relating thereto to cause reasonable doubt as to whether the Progression and Awards Board would have reached the same conclusion if that defect or irregularity had not been made, and the candidate has provided a compelling reason for not bringing to the attention of the Faculty/School/Collaborative Partner Institution these defects or irregularities;
• Whether details of relevant extenuating circumstances affecting the candidate’s conduct or performance were submitted in accordance with the Policy on Extenuating Circumstances Affecting Assessment;
• Whether appropriate action was taken in relation to the extenuating circumstances;
• Whether evidence provided by the candidate supports the notion that they were unable to determine whether or not they were fit to undertake the assessment and/or had a good reason for not notifying the Faculty/School/Collaborative Partner Institution of their circumstances at the relevant time;
• Whether evidence provided by the candidate supports the notion that the candidate had extenuating circumstances which fall within section 2.6;
• Whether the relevant extenuating circumstances have any bearing on the case (i.e. had an adverse effect on the candidate’s academic performance in the affected assessment);
• Whether there is evidence of prejudice or of bias or of inadequate assessment on the part of one or more of the examiners;
• Whether the decision of the Progression and Awards Board was such that nobody of reasonable people could have arrived at that decision.

7.2

If the Appeal Panel is satisfied on the above issues, it may take one of the following courses of action:

• In light of the circumstances, and with due consideration to the wishes of Faculty(ies)/School(s)/Collaborative Partner Institution and/or Chair of the Progression and Awards Board concerned, uphold the appeal and amend the decision of the Progression and Awards Board.
• In light of the circumstances, uphold the appeal and recommend that the case be reconsidered by the original Progression and Awards Board with a strong guidance on a possible outcome.
• In light of the circumstances, uphold the appeal and recommend that an entirely new Progression and Awards Board should reconsider the decision of the previous Board.
• In light of the circumstances, uphold the appeal and give the candidate permission to re-write the thesis and to resubmit for re-examination by the original Progression and Awards Board within a specified time limit (particularly for postgraduate degrees).
• In light of the circumstances, uphold the appeal and give the candidate permission to re-write the thesis and to resubmit for re-examination by an entirely new Progression and Awards Board within a specified time limit (particularly for postgraduate degrees).
• If it is found that all the circumstances of a candidate’s case were known and appropriate action had been taken or that such extenuating circumstances were not relevant to the case, the Appeal Panel may reject the appeal and therefore confirm the decision of the Progression and Awards Board.
• If it is found that the evidence does not support the notion that the candidate was unable to determine whether or not he/she was fit to undertake the assessment and/or had a good reason for not notifying the Faculty/School of their circumstances at the relevant time, and thereby does not constitute a compelling reason for not disclosing the circumstances at the appropriate time, the Appeal Panel may reject the appeal and therefore confirm the decision of the Examination Board.
• In appropriate cases the Appeal Panel could require candidates to suspend studies where it is deemed that advising the candidate to withdraw is inappropriate.
• If the panel requires further information before it can determine an outcome, the Chair may adjourn consideration of the case pending receipt of the additional information.
• It is noted that the Appeal Panel does not have the ability to change a candidate’s module marks and/or degree classification on the basis of extenuating circumstances. The object of any assessment is to measure achievement and not potential. Marks awarded are an accurate reflection of performance and so will not be altered subsequently on the basis of extenuating circumstances. If an appeal is upheld on the basis of extenuating circumstances, the candidate may be given a further opportunity to undertake the affected assessment(s), potentially as an uncapped opportunity.
• Other courses of action may be taken as appropriate.

7.3

In making its decision, the Appeal Panel must be mindful of any constraints imposed by external agencies such as professional bodies.

7.4

International candidates who need a visa to study in the UK should be aware that their continued study in the UK at the University and/or a UK based collaborative partner institution is dependent upon them meeting the conditions of their visa and the time-limits set by UK Visas and Immigration (UKVI). For more information please refer to https://www.gov.uk/browse/visas-immigration/student-visas.

Decisions taken by the Appeal Panel  shall be made in accordance with Swansea University’s academic regulations and shall not be informed or influenced by visa restrictions and time-limits set by the UKVI. In the case of international candidates sponsored by the University, further/continued study based upon any academic decision taken by an Appeal Panel or Examination Board is conditional upon the candidate meeting the Swansea University’s requirements and holding a valid visa.

Candidates who have any concerns or queries regarding their visa should contact International@campuslife.

7.5

Following any re-examination of a thesis under paragraph 8.2 point 4 and 5 above, it shall be within the discretion of the Examination Board to recommend that the candidate be allowed one further opportunity to resubmit the thesis either at the full or reduced fee.

7.6

When a re-examination of a thesis is undertaken as a result of point 5 under paragraph 8.2 above, new external examiner(s) shall be appointed. The external examiner(s) shall not be provided with any information about the previous examination other than they are conducting a re-examination of the candidate’s submission on appeal.

7.7

The Appeal Panel may set as a condition of any outcome, the requirement that a candidate be required to provide evidence to Swansea University and/or the Collaborative Partner Institution to demonstrate their fitness or otherwise to continue with or return to their studies.

8.1

A candidate who submits an appeal part way through the level, year or part, may continue provisionally until such time as a decision has been reached. This is to ensure that a candidate whose appeal may subsequently be upheld is not academically disadvantaged. Attendance on clinical placements shall be at the discretion of the Faculty/School.

8.2

A candidate who submits an appeal at the end of a level, year or part of study shall not be permitted to progress to the next level, year or part until such time as a decision has been reached. However, at the discretion of the Faculty/School or the Collaborative Partner Institution, a candidate may be permitted to informally attend teaching at the next level or part while an appeal is pending. Such candidates shall not be regarded as enrolled on the next level or part and Swansea University or the Collaborative Partner Institution will not be liable for any expenses incurred during this informal attendance. Decisions taken by the Education Services nominee(s)/ Appeal Panel will be made in the best academic interests of the candidate irrespective of any periods of informal attendance.

8.3

Candidates who continue with their studies shall be informed that, pending the outcome of any appeal, he/she may be required to withdraw from the programme or the University/Collaborative Partner Institution.

8.4

A candidate who is deemed to be eligible for an award and who subsequently submits an appeal shall be permitted to graduate. However, an award will not be issued until the outcome of the Appeal is known.

9.1

A candidate may request a final review of the outcome of the appeal in accordance with the University’s Final Review procedure

9.2

In cases where the decision of the Progression and Awards Board has been amended in their favour, candidates may not normally request a final review against that decision. Candidates may, however, request that the original decision be confirmed if they so wish.

10.1

Regardless of the outcome, the candidate shall not be reimbursed for any expenses incurred in requesting an appeal.

11.1

The Education Services nominee(s)/Appeal Panel shall as appropriate refer any point of general principle or concern which arises during the hearing of a particular case to the Student Cases Board. 

11.2

Education Services shall maintain a database of academic appeals made during each academic session and shall report to the Student Cases Board statistical information relating to appeals on an annual basis. It shall be the responsibility of the Student Cases Board to monitor the data and make recommendations as appropriate.

11.3

It shall be the responsibility of the Regulations, Quality and Standards Board to review the Regulations for Academic Appeals and their effectiveness and make recommendations for changes, where appropriate, to be considered by Senate.