ACADEMIC APPEALS

Academic Appeals Policy & Procedure

APEX ED is committed to ensuring that academic decisions are made fairly, consistently and in accordance with the applicable academic regulations and procedures.

This Academic Appeals Policy and Procedure provides students with a clear process for requesting the review of a formal academic decision where there are recognised grounds for doing so.

An academic appeal is not a complaint about the quality of a service and is not an opportunity simply to disagree with the academic judgement of an assessor. Complaints about teaching, administration, student support or other services should normally be raised under the APEX ED Student Complaints Policy and Procedure.

APEX ED will handle academic appeals fairly, impartially, confidentially and as promptly as reasonably possible.

This procedure applies to current students and, where relevant, former students of APEX ED who wish to challenge a formal academic decision falling within APEX ED’s responsibility or authority.

Depending on the programme, academic decisions may also be subject to the regulations and procedures of an awarding organisation, university partner or other academic body.

Where the decision being challenged is wholly or partly the responsibility of another organisation, APEX ED will identify the appropriate procedure and advise the student accordingly.

This procedure may apply to formal decisions concerning:

Assessment outcomes
Progression
Reassessment or further assessment opportunities
Decisions affecting completion of a programme
Decisions affecting an award or qualification where apex ed has authority within the relevant academic process
The application of assessment regulations
Decisions relating to mitigating, exceptional or special circumstances where no separate appeal route applies; and
Other formal academic decisions expressly identified as appealable under applicable programme regulations.

The precise academic authority of APEX ED may vary according to the programme and awarding arrangements concerned.

An academic appeal is a request for reconsideration of a formal academic decision relating to a student’s assessment, progression, completion or award.

An appeal must be based on one or more of the permitted grounds set out in this policy.

An academic appeal is different from:

A request for feedback on an assessment
A request for clarification of a mark or result
A complaint about teaching or services
An allegation of misconduct by another person
An admissions complaint or appeal; or
A simple disagreement with academic judgement.

Students who are uncertain about the appropriate procedure may contact APEX ED for guidance.

Academic judgement is the professional judgement exercised by appropriately qualified academic staff concerning matters such as:

A student cannot appeal solely because they disagree with an academic judgement.

This restriction does not prevent a student from appealing where there is evidence of a procedural or administrative error, bias, or another permitted ground which may have affected the academic decision.

An academic appeal may be considered where the student can demonstrate one or more of the following grounds.

5.1 Material procedural or administrative irregularity

There was a material error, irregularity or failure in the assessment or decision-making process which may reasonably have affected the outcome.

Examples may include:

The applicable assessment procedure was not followed
Submitted work was omitted from consideration
An incorrect mark or result was recorded
An applicable academic regulation was incorrectly applied; or
Relevant information that should have been considered was not placed before the appropriate academic decision-maker.

5.2 Bias or reasonable perception of bias

There is evidence of bias, or circumstances giving rise to a reasonable perception of bias, which may have materially affected the academic decision.

A student should provide sufficient information to explain the basis of the concern.

5.3 Significant circumstances not previously considered

Significant personal, medical or other circumstances materially affected the student’s academic performance and, for a good reason, the student could not reasonably have disclosed those circumstances through the appropriate process before the original academic decision was made.

The student must explain:

What the circumstances were
How they affected the relevant assessment or academic decision
Why they were not raised at the appropriate time; and
Where reasonably available, provide relevant supporting evidence.

Simply choosing not to disclose circumstances at the appropriate time will not normally be sufficient.

5.4 Decision concerning mitigating, exceptional or special circumstances

Where no separate appeal procedure applies, a student may appeal a decision concerning mitigating, exceptional or special circumstances where there is evidence that:

The applicable procedure was materially incorrectly applied
Relevant evidence was not properly considered
A material procedural error occurred; or
New and material evidence is available which, for good reason, could not reasonably have been provided earlier.

The Academic Appeals Procedure is not normally used for:

Disagreement with academic judgement alone
Requests for routine assessment feedback
Complaints about teaching quality, administrative services, communication or student support
Complaints about staff conduct that do not form part of a valid academic appeal
Admissions decisions
Disciplinary decisions
Academic misconduct decisions where a separate appeal mechanism applies
Matters that have already been finally determined under this procedure unless permitted grounds for review exist
Matters for which another organisation has sole academic authority; or
Matters that should be considered under another Apex Ed procedure.

Where another procedure is more appropriate, APEX ED will explain this to the student and, where reasonably possible, direct the student to the correct process.

An academic appeal may sometimes raise issues that also constitute a student complaint or fall under another procedure.

For example, a student may allege that inadequate programme administration affected an assessment outcome.

Where this occurs, APEX ED will determine the most appropriate way to consider the issues. This may include:

Students will not normally be required to submit the same evidence repeatedly where APEX ED already holds the relevant information.

APEX ED will explain to the student which procedure or procedures are being used.

A student may seek clarification or feedback about an academic decision before submitting an appeal.

This may help resolve concerns arising from:

Seeking clarification is not compulsory.

A student does not need to complete an informal process before submitting a formal academic appeal where they believe they have valid grounds.

Seeking clarification or feedback does not normally extend the deadline for submitting an academic appeal. Students should therefore submit an appeal within the applicable deadline even if they are waiting for further explanation.

9.1 Deadline

A formal academic appeal should normally be submitted within 15 working days of the date on which the student was formally notified of the academic decision being challenged.

APEX ED may consider a late appeal where the student demonstrates a good reason for being unable to submit the appeal within the normal timeframe.

The student should explain the reason for the delay and provide supporting evidence where reasonably available.

The longer the delay, the more difficult it may be to investigate or provide an effective remedy.

9.2 How to Submit an Appeal

A formal academic appeal should be submitted in writing to:
Email: [email protected]
The subject line should state: Academic Appeal – [Student Name / Student ID]

The appeal should include:

The student’s full name
Student or registration number, where applicable
Programme of study
The academic decision being appealed
The date the student was notified of that decision
The ground or grounds of appeal
A clear explanation of what occurred
Relevant supporting evidence
The outcome or remedy sought, where known; and
Any relevant accessibility or communication requirements.

APEX ED may provide an Academic Appeal Form for this purpose.

An appeal will not be rejected solely because the student has not used a particular form where sufficient information has otherwise been provided to understand and consider the appeal.

9.3 Acknowledgement and Initial Assessment

APEX ED will acknowledge receipt of the appeal and carry out an initial assessment. This assessment will consider whether:

The appeal was submitted within the applicable timeframe
The decision is one that may be considered under this procedure
The student has identified at least one permitted ground of appeal
Sufficient information has been provided to understand the appeal
Relevant evidence has been supplied or identified; and
Another procedure or another organisation is responsible for considering the matter.

APEX ED may ask the student to clarify their appeal or provide further information within a reasonable period.

Where an appeal clearly does not fall within the permitted grounds, APEX ED may reject it at the initial assessment stage.

The student will be given a written explanation where this happens and will be informed of any applicable right to request a Stage 2 Review.

9.4 Consideration of the Appeal

Where an appeal is eligible for consideration, APEX ED will appoint an appropriate person or academic body to consider it.

The person or body considering the appeal should:

Have appropriate authority and knowledge
Approach the matter fairly and impartially
Not have a material conflict of interest; and
Wherever reasonably practicable, not have been directly responsible for the decision being challenged. The reviewer may consider
The student’s appeal
Relevant assessment records
Applicable academic regulations
Correspondence
Information from relevant staff
Supporting evidence provided by the student; and
Any other information reasonably necessary to determine the appeal.

The student may be asked for further information. Most appeals will be determined on the written evidence. Where a meeting would materially assist the fair determination of the appeal, APEX ED may arrange one.

9.5 Stage 1 Outcomes

A Stage 1 academic appeal may be:

Upheld
Partially upheld
Not upheld; or
Determined to fall outside the scope or authority of this procedure.

Where an appeal is upheld or partially upheld, the appropriate remedy will depend on the circumstances and the applicable academic regulations.

Possible actions may include:

Correcting an administrative or recording error
Referring an assessment or decision back to the appropriate academic body for reconsideration
Reconsidering a progression decision
Reconsidering a decision concerning mitigating, exceptional or special circumstances
Permitting reassessment or another assessment opportunity where regulations allow
Removing or correcting an incorrectly applied academic penalty
Restoring an opportunity lost because of a procedural error; or
Taking another reasonable action within the academic authority available to APEX ED.

An appeal reviewer will not normally substitute their own academic judgement for that of the appropriately authorised assessor or academic body.

An appeal will not normally result in a mark being increased merely because the student believes a higher mark was deserved.

Where a numerical, transcription, calculation or recording error is established, the record may be corrected.

9.6 Written Outcome

APEX ED will provide the student with a written Stage 1 outcome explaining:

The decision
The principal reasons for the decision
Any action or remedy to be taken
Where relevant, when that action is expected to occur; and
The student’s right to request a stage 2 review.

APEX ED will aim to determine Stage 1 appeals as promptly as reasonably possible and will normally seek to provide an outcome within 30 working days of receiving a complete appeal.

More complex cases may require additional time. Where significant additional time is required, APEX ED will inform the student and provide an update on progress.

Stage 2 is the final stage of APEX ED’s internal Academic Appeals Procedure.

It is a review of the Stage 1 process and outcome. It is not normally a complete rehearing of the original appeal.

10.1 Grounds for Stage 2 Review

A student may request a Stage 2 Review where one or more of the following applies:

A. Procedural error
There was a significant error or defect in the Stage 1 process which may have materially affected the outcome.

B. Reasonableness of the outcome
The Stage 1 outcome was not reasonable when considered against the evidence available and the applicable procedure.
This ground does not permit a challenge to academic judgement merely because the student disagrees with a mark or academic conclusion.

C. New and material evidence
New evidence is available which:

Is relevant and could reasonably have affected the Stage 1 outcome; and
Could not reasonably have been provided during Stage 1.

The student should explain why the evidence was not previously available.

10.2 Deadline for Requesting a Review

A request for Stage 2 Review should normally be submitted within 10 working days of the date of the Stage 1 outcome.

Late requests may be considered where the student demonstrates a good reason for the delay.

10.3 How to Request a Review

The student should write to:
Email: [email protected]

The subject line should state: Academic Appeal Stage 2 Review – [Student Name / Student ID]

The request should identify:

The stage 1 decision being reviewed
The applicable stage 2 ground or grounds
Why the student believes those grounds apply
Any relevant new evidence; and
The outcome sought.

10.4 Consideration of the Review

The Stage 2 Review will be considered by an appropriately senior person or Review Panel who has not been materially involved in the Stage 1 decision.

The reviewer will normally consider:

Whether the correct procedure was followed
Whether the stage 1 decision was reasonable on the available evidence
Whether relevant evidence was properly considered
Whether any new evidence meets the requirements of this procedure; and
Whether any material procedural defect affected the outcome.

The Stage 2 reviewer will not normally reinvestigate every aspect of the original appeal.

10.5 Stage 2 Outcomes

The Stage 2 Review may:

Uphold the stage 1 decision
Overturn or vary the stage 1 decision where the reviewer has authority to do so
Refer the matter back for reconsideration by an appropriate academic person or body
Require a procedural error to be corrected
Determine that new evidence should be considered; or
Make another appropriate determination within APEX ED’s authority.

The student will receive a final written outcome explaining the decision and the principal reasons for it.

Completion of Stage 2 normally marks the end of APEX ED’s internal Academic Appeals Procedure.

APEX ED aims to deal with academic appeals fairly and without unnecessary delay.

The formal Stage 1 process and any Stage 2 Review should normally be completed within 90 calendar days from the start of the formal appeal.

This timeframe assumes that the student meets reasonable deadlines for submitting information and evidence.

There may be circumstances in which additional time is genuinely required, including where:

The case is particularly complex
Information is required from another organisation
Relevant staff or witnesses are temporarily unavailable
Another related procedure must first be completed; or
Circumstances outside APEX ED’s reasonable control cause delay

Where the process is likely to exceed the normal timeframe, APEX ED will inform the student and provide reasonable updates on progress.

Urgent cases may be prioritised where delay could materially affect progression, assessment opportunities, immigration status or another significant student interest.

Submitting an academic appeal does not normally suspend the original academic decision unless APEX ED confirms otherwise in writing.

A student should continue, so far as reasonably possible, to:

Attend teaching
Engage with their programme
Meet submission deadlines
Undertake reassessments or further assessment opportunities
Complete administrative requirements; and
Comply with applicable programme regulations

Students should not decline a reassessment or other academic opportunity solely because an appeal is pending unless advised to do so in writing.

APEX ED will, where appropriate, provide information about steps a student should take to preserve their academic position while an appeal is being considered.

If an appeal is subsequently upheld, appropriate action will be taken to address any consequences arising from the original decision.

Students are expected to provide relevant evidence where reasonably available.

The type of evidence required will depend on the ground of appeal.

Evidence should:

APEX ED may seek reasonable verification of evidence where authenticity is material to the appeal.

Where evidence contains information about another person, students should consider whether they have that person’s permission to disclose it.

A student will not automatically be disadvantaged because particular evidence cannot reasonably be obtained. APEX ED will consider the explanation given and all available information.

Deliberate falsification or fabrication of evidence may be referred for consideration under the applicable student disciplinary or academic misconduct procedure.

A student may seek advice and support when making an academic appeal.

Where appropriate, a student may nominate a representative to assist them or communicate on their behalf.

APEX ED may require the student’s written consent before discussing personal or academic information with a representative.

The student will normally remain responsible for ensuring that information is accurate and deadlines are met.

A student may also be accompanied by a supporter at any meeting held as part of the appeal process, subject to reasonable procedural arrangements.

Legal representation is not normally necessary for an academic appeal, which is intended to be an accessible internal academic process.

APEX ED is committed to making the academic appeals process accessible.

Students who have a disability, health condition, communication need or other circumstances affecting their ability to participate in the procedure may request reasonable adjustments.

Adjustments may include, where appropriate:

A student will not be disadvantaged for requesting a reasonable adjustment.

Academic appeals will be considered fairly and impartially.

A person should not determine an appeal or review where they have a material conflict of interest or where their involvement would reasonably call the fairness of the process into question.

Where a conflict is identified, APEX ED will appoint another appropriate person wherever reasonably practicable.

A student will not be disadvantaged for making an academic appeal in good faith.

Academic appeals will be handled with appropriate confidentiality.

Information will normally be shared only with those who reasonably need it in order to:

APEX ED will process personal information relating to academic appeals in accordance with its Privacy Policy and applicable data protection requirements.

Absolute confidentiality cannot be guaranteed where disclosure is reasonably necessary to investigate or resolve an appeal, protect an individual, or comply with a legal or regulatory obligation.

APEX ED offers programmes which may involve external awarding organisations, universities or other academic partners.

Responsibility for academic decisions and academic appeals may therefore vary between programmes.

Where an academic decision was made by, or falls within the responsibility of, an awarding organisation, university partner or other external academic body, the applicable academic appeals procedure may be that organisation’s procedure rather than, or in addition to, this procedure.

Where this applies, APEX ED will:

Explain the applicable route to the student
Provide relevant information about how the student may access the procedure
Refer or transmit relevant information where appropriate and permitted; and
Cooperate with the relevant organisation where required by the applicable academic or partnership arrangements

Students will not normally be expected to determine complex institutional responsibilities themselves.

Where an applicable external academic or review route exists following completion of APEX ED’s internal process, APEX ED will identify that route in the final written outcome where reasonably practicable.

Completion of APEX ED’s procedure does not automatically create a right to review or appeal by another organisation where that organisation’s rules do not provide such a right.

A challenge to a decision that a student committed academic misconduct, or to a penalty imposed for misconduct, should normally be considered under the appeal mechanism contained within the applicable Academic Misconduct or Disciplinary Procedure.

The general Academic Appeals Procedure will not normally be used to duplicate a separate misconduct appeal process.

Where an academic misconduct decision has subsequently resulted in a progression or award decision, APEX ED will determine which procedure is appropriate and explain this to the student.

APEX ED will maintain appropriate records of academic appeals and their outcomes.

Appeal information may be reviewed in anonymised or aggregated form to identify:

Recurring procedural issues
Assessment administration problems
Areas requiring staff guidance or training
Inconsistencies in academic processes; and
Opportunities to improve the student experience

The purpose of this monitoring is to improve academic processes and promote consistent decision-making.

Completion of Stage 2 normally marks the end of APEX ED’s internal Academic Appeals Procedure.

Depending on:

The student may have access to a further review or appeal process outside APEX ED.

Where an applicable route exists, APEX ED will identify it in the final written outcome and provide information about how it may be accessed.

Where a Completion of Procedures letter or equivalent documentation is applicable under the relevant academic or partnership arrangements, APEX ED will provide or facilitate the appropriate documentation.

Nothing in this policy creates an external right of appeal where no such right exists under the applicable rules.

Nothing in this policy limits any statutory right or other right which cannot lawfully be excluded.

Questions about this procedure and academic appeals should be directed to:

APEX ED PVT LTD
20–22 Wenlock Road
London
England
N1 7GU
United Kingdom

Email: [email protected]
Website: www.apexed.co.uk

When submitting an academic appeal, students should use the subject line: Academic Appeal – [Student Name / Student ID]

APEX ED will review this policy periodically and may update it to reflect changes in:

The version published by APEX ED at the relevant time will identify the current procedure.

Academic Appeals Policy & Procedure

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