Regulations Governing Reviews and Appeals by Students on Taught Courses

Section A: Informal Discussions and Reviews
  1. Students on award-bearing courses leading to certificates, diplomas, first degrees or postgraduate instructional degrees have the right to request a review by a Review Panel of any recommendation of a Board of Examiners or School Board that relates to their studies, or of a decision by Senate to terminate their programme of study, if they produce evidence of one or more of the following:

    1.1 that their performance has been adversely affected by illness or by other factors which, in exceptional circumstances, they were unable or, for valid reason, unwilling to divulge to the Board of Examiners or School Board before it reached its decision;
    1.2 that there had been a material administrative error in the conduct of the examination;
    1.3 that the examination had not been conducted in accordance with the appropriate regulations of that programme;
    1.4 that some other material irregularity had occurred;
    1.5 that, in reaching its decision, the Board of Examiners or School Board had erroneously concluded that they had cheated or plagiarised or attempted to gain an unfair advantage in an element of work submitted for a degree;
    1.6 that the supervision of their project or external placement was unsatisfactory to the point that their performance was seriously affected.

    Students may not question the classification of their award or the marks awarded for an individual component of a programme of study unless evidence is submitted under one of the grounds at 1.1/1.6, above. Under no circumstances may students question the academic judgement of the examiners and any request based on such grounds will be dismissed.

    A request for a review may only be made by a student: it may not be lodged by a representative or by a parent.

  2. Informal Discussions

    Students wishing to request a review, and who have evidence under 1.1/1.6 above, should in the first instance discuss the matter with their Tutor or an appropriate person in the School, such as the Programme Director. It is hoped that in many cases these informal discussions will be able to resolve a student's concerns and may lead, if appropriate, to a Board of Examiners or School Board agreeing to amend a recommendation without the necessity of convening a Review Panel (see paragraph 4, below). The student and those members of academic staff who have been consulted are strongly advised to keep written records of all such discussions and of their outcome.

  3. Formal Review

    If discussion with the Tutor or other appropriate person in the School fails to resolve the issue, students should write to the Manager of the School in which they are registered, setting out the grounds for the review (see paragraph1 above), and the revised decision they seek. Students should include in their letter a statement of the preceding informal discussions and of their outcome. If the review is based on extenuating circumstances, written evidence (such as a medical certificate) must be produced. If the request for a review is based on evidence that the student had been previously unwilling to divulge to the Board of Examiners or School Board, the letter should set out the reasons why the student was unwilling to produce such evidence at an earlier stage. A request for a review should normally reach the School Manager within 21 working days of the announcement of the recommendation of the Board of Examiners or School Board, or of the announcement of the decision of Senate; or within 7 workings days of the announcement of the results of supplementary examinations.

  4. As soon as the request for a review has been received, the School Manager will first check that the student has sought to resolve the difficulty through informal discussions with the appropriate staff. If satisfactory evidence has not been supplied of any informal discussions, the student will be informed that no review can be entertained until such time as these have taken place. If the appropriate informal discussions have been completed but have not been able to resolve the issue, the School Manager will, normally within fourteen working days of receiving the student's request for a review, begin procedures to convene a meeting of the Review Panel, and will notify the student of the following points in writing:

    4.1 the date, time and place of the meeting;
    4.2 the members constituting the Panel on this occasion;
    4.3 that the sutdent is entitled either to have the case heard without attending or being represented; or to attend in person, alone or accompanied by any other member of the University willing to assist in this way; or to be represented in his/her absence by such a person; and that it is in the student's own interests to be so accompanied or represented.

    The student will also be sent a copy of these Regulations if these have not already been supplied.

  5. As early as possible before the meeting of the Review Panel, the School Manager will forward to members of the Panel a copy of the student's appeal, together with a record of the student's marks and any other documentation that is relevant to the Review, including a statement from the School of its reason(s) for being unable to respond positiviely to the student's request, and/or a statement from the student's Tutor. One copy of these documents will be sent to the student.

  6. The Review Panel will normally comprise the Dean of the Faculty or his/her nominee who will chair the Panel; the Head of School or his/her nominee and the Head, or other senior member, of another School. (None of the Panel shall have been involved in teaching the student, or in previous discussions with the student about their case). The School Manager will act as Secretary to the Review Panel. In the case of a review relating to a programme of study that is subject to validation by an external professional body, the Chair may co-opt onto the Panel an external representative of the relevant profession, or an additional independent member of an associated School. So far as is practicable, the Panel should include at least one member of the same gender as the student.

  7. This Panel will review the matter in the presence of the Chair of the relevant Board of Examiners or another colleague designated to speak on behalf of the School, and of the student if the latter has chosen to attend the meeting.

  8. The meeting of the Panel will normally follow the format shown below.

    8.1 The Chair will welcome the student, introduce those present and explain their roles and the procedure to be adopted, and indicate the various options that are open to the Panel.
    8.2 The Chair will then invite the School to set out the facts and chronology of the matter, outlining its case.
    8.3 The Panel will then question the School's representative.
    8.4 The Chair will then invite the student to present their case and to make any comment upon the School's introduction.
    8.5 The Chair will then invite the Chair of the Board of Examiners, or another colleague designated to speak on behalf of the School who is in attendance, to add any further comment.
    8.6 The Panel will then question the student.
    8.7 Finally, the Chair will give the student the opportunity to raise any further points.

  9. All those present other than members of the Panel and the Secretary shall then withdraw and the Panel will consider its decision.  The decision shall be arrived at solely on the basis of the testimony and submissions presented; if any new considerations emerge during the Panel's deliberations which the Panel consider to be relevant, those who have withdrawn shall be recalled, told what these considerations are and given an opportunity of commenting on or refuting them.

    The Panel may:

    9.1 uphold the student's case and request the Board of Examiners or School Board to amend its recommendation(s) after consultation with the External Examiner;
    9.2 dismiss the case but request a change in the procedures of the School or the Board of Examiners or the School Board;
    9.3 dismiss the case if the grounds are unsubstantiated or if the substance of the case would not have affected the recommendation of the Board of Examiners or School Board, or the decision of Senate.

  10. The Panel may either invite the student to come into the hearing immediately afterwards and announce its decision, to be confirmed in writing, at that time; or it may instruct the School Manager to convey its decision in writing to the student within seven working days of the conclusion of the hearing.  In either event, the letter to the student shall include details of the procedures of the Senate Appeals Committee (paras 11/25 below) if the Panel's decision is not to accept the student's application.

Section B: Appeals

  1. Students have the right of appeal to the Senate Appeals Committee against a decision of the Review Panel, but such an appeal may only be lodged on the following grounds:

    11.1 that they possess fresh evidence not available at the time of the Review Panel, or that they possess evidence that, for reasons that must be explained, they were unwilling to divulge at the time of the Review;
    11.2 that there had been a material administrative or procedural error in the conduct of the Review Panel.

    An appeal may only be lodged by a student: it may not be lodged by a representative or by a parent.

  2. The Appeals Committee consists of:

    the Vice-Chancellor or a Deputy Vice-Chancellor in the Chair;
    the Head of a School other than that concerned;
    A member of the Academic Staff who is also a member of Senate from a Panel selected annually by the President of the Students' Union
    A Sabbatical officer of the Students' Union nominated by the President.

    In the case of an appeal by a student on a programme of study that is subject to validation by an external professional body, the Chair may, after discussion with the Head of that School, co-opt onto the Committee an external representative of the relevant profession. So far as is practicable, the Committee should include at least one member of the same gender as the student.

    The Director of Student Services or nominee shall act as Secretary to the Appeals Committee.

  3. A student wishing to exercise the right of appeal shall give written notice to the Director of Student Services indicating the grounds of the appeal, within 21 working days of the findings of the School Review Panel. If the Chair of the Committee judges that the student has provided sufficient grounds for the appeal to be entertained, the Secretary will send a copy of this statement to the appellant's Head(s) of School(s) asking if it contains information not known to the Review Panel. In the light of the information in the appellant's statement the School may agree to change its recommendation, in which case the appeal succeeds without a hearing. After an appeal has been lodged, the Chair of the Committee, following discussion with at least one other member of the Committee and a review of the documentation available to the Review Panel, may rule that the appeal is groundless and should be dismissed.  In this case the Secretary of the Committee will send a full written explanation to the student, normally within 21 days of the appeal having been lodged.

  4. If the School wishes to stand by the decision of the Review Panel, the Secretary shall, normally within 21 working days, convene a meeting of the Appeals Committee and shall notify the appellant of the following points in writing:

    14.1 the date, time and place of the meeting;
    14.2 the members constituting the Committee on this occasion;
    14.3 that the appellant is entitled either to attend in person, alone or accompanied by his/her Tutor or by any other member of the University willing to assist in this way, or a representative of the student's Trade Union or professional organisation, or a legally qualified person, or be represented in his/her absence by such a person; and that it is in the appelant's own interests to be so accompanied or represented;
    14.4 that the Committee reserves the right to take legal advice on its own behalf and, if the appellant elects to be accompanied or represented by a legally qualified person, it may also invite its legal adviser to be present at the hearing.

    The appellant shall also be sent a copy of these Regulations, if these have not already been supplied.

  5. The Secretary shall forward copies of the appellant's letter of appeal to the members of the Committee.

  6. The Head of the appellant's School shall supply the Secretary with a written statement of the facts upon which the School relies as justifying the recommendation to Senate. Not less than seven working days before the hearing the Secretary shall send, under confidential cover, copies of the statement to the members of the Appeals Committee, the Head of School and the appellant's tutor. Two copies shall be sent to the appellant.

  7. The Dean of the Faculty or a representative shall attend the hearing of the appeal.  The Head of School concerned, or a representative, shall be entitled to attend the hearing. If the Tutor is not asked to accompany the appellant (see 14.3 above), he or she may be invited by the Secretary to attend the appeal. Otherwise the hearing shall be in private, and any other witnesses who may be called shall not be present except when testifying.

  8. At the hearing the Committee shall first hear any representations made and evidence called by or on behalf of the appellant, and then any further representations made and evidence called on behalf of the School.  The Dean, Head of School or Tutor shall be entitled to question any person testifying on behalf of the appellant, and the appellant or a representative shall be entitled to question any person testifying on behalf of the School.

  9. The Head of School or their representative, followed by the appellant or a representative, shall be entitled to make short final speeches summarising their submissions.

  10. All those present, other than members of the Committee and the Secretary, shall then withdraw and the Committee will consider its decision.  The decision shall be arrived at solely on the basis of the testimony and submissions presented; if any new considerations emerge during the Committee's deliberations which the Committee consider to be relevant, those who have withdrawn shall be recalled, told what these considerations are and given an opportunity of commenting on or refuting them.

  11. The Committee acts on behalf of Senate and may take one of the following courses of action:

    21.1 The Committee may dismiss the appeal but may request that the Board of Examiners or the School concerned should consider changing its procedures.
    21.2 Where the appeal is against termination of the course, the Committee may uphold the student's appeal and withdraw the decision of Senate that the student's course be terminated on academic grounds. The Committee may make recommendations concerning the repetition of a course or of part of a course, taking into account the Schools' regulations. The Committee may also recommend that the School shall be responsible for meeting the cost of any tuition fees for which the student may be liable.
    21.3 The Committee may dismiss the appeal if the grounds are unsubstantiated or if, in the case of alleged fresh evidence, it would not have affected the decision of the Board of Examiners or School Review Panel.
    21.4 Where the appeal is against a decision or recommendation of the School Review Panel, the Committee may:

    21.4.1 request the School Board concerned to amend its recommendation after consultation with the External Examiner in cases where amendment to an award is recommended, information which the Committee shall have communicated in writing to the Board;

    21.4.2 declare that the relevant assessment(s) be declared null and void and request the School Board to permit the student to undertake the relevant reassessment(s) without paying the normal resit fees;

    21.4.3 dismiss the appeal but may request that the Board of Examiners or the School concerned should consider changing tis procedures.

  12. The Committee shall announce its decision either at the hearing or in writing within seven working days of the hearing.  The Secretary shall notify all concerned of the result of the appeal and shall prepare a report for Senate which shall include the reasons behind the Committee's decision. 

  13. A copy of all the papers presented to the Committee will be held by the Secretary of the Committee for a period of twenty-four months after the date of the hearing.

  14. All those present shall at all times treat any evidence given at the hearing as confidential.

  15. These regulations describe in detail the procedures to be followed in the event of an appeal being lodged by a student registered on a taught course at the University of Southampton.  Procedures in the Accredited Colleges will follow the spirit of these regulations, but may differ in their detailed application as a consequence of the different academic structures of these institutions.

  16. The decision of the Appeals Committee is final, subject only to the provisions of Section 18.20 of the Statutes of the University. If the mechanisms described above do not produce a solution which the student finds acceptable, it is possible under the University's Statutes (number 18(20)) to ask the Council 'to entertain, adjudicate upon, and, if thought fit, redress any grievance.' In such instances a special committee is set up to reach a view whether there is a prima facie case for consideration and, if so, to consider the matter in detail and to reach an adjudication on behalf of Council. Students wishing to initiate a grievance to Council should write to the Secretary and Registrar, setting out the grounds on which they feel aggrieved, and documenting the action they have taken to attempt to resolve the problem.

  17. There also exists an external mechanism for review of the University's actions: this is currently Her Majesty the Queen in her capacity as Visitor who operates through the President of the Privy Council. A statement issued by the Privy Council entitled 'Petitions To the President Of The Council In Her Role As Visitor' explains what matters are, or are not, suitable for a petition to the Visitor; how a petition should be prepared; and how petitions will be dealt with. The Privy Council Office statement can be accessed at http://www.privy-council.org.uk/output/Page48.asp The paragraphs that follow (28/35) are extracted from this document.

  18. The Visitor may consider a petition only if the University's own internal procedures have been exhausted. The Visitor will not intervene on matters which turn purely on academic assessment. The Visitor's role is to review the application by the University of its own internal procedures. The Visitor will not normally intervene unless it can be shown that the University has failed to observe its own rules or procedures; or that, although it has followed the proper procedures, it has reached a decision that no reasonable body, properly directing itself, and taking account of all relevant factors, could have arrived at.

  19. There is no set format for a petition, and there is no need to use legalistic language, nor does a petition need to be lengthy. A petition should: set out the facts clearly in chronological order; be specific about the particular procedures which are alleged to have been breached; enclose copies of the relevant rules and regulations and any other relevant documents, including any correspondence which bears on the case; say clearly what action the Visitor is being asked to take. Petitioners should try to avoid emotive language and to adopt a neutral and factual tone.

  20. Petitions should be addressed to: The Clerk of the Council, Privy Council Office, 2 Carlton Gardens, London SW1Y 5AA. They should be clearly marked 'Petition to the Visitor.'

  21. Petitions are initially examined to see whether there is a prima facie case for the Visitor's intervention. At this stage, there may be correspondence with the petitioner to clear up any queries that arise.

  22. If there appears to be no prima facie case, the petitioner will be informed that, on the evidence so far presented, there appear to be no grounds for the Visitor to intervene, with reasons. It is open to the petitioner to provide additional evidence to show that the case is, in fact, one in which the Visitor can intervene.

  23. If the petition appears to show a prima facie case for the Visitor's intervention, it will be forwarded to the University for an answer. The Visitor will formally direct the University to provide an answer within six weeks. The University's response will then be sent to the petitioner, who will be able to respond to the points made in it.

  24. Once any response the petitioner wishes to make has been received, the case will be submitted to the Visitor, who will normally decide on the basis of the three sets of documents (the original petition, the University's answer and the petitioner's response). There will not normally be an oral hearing.

  25. The petitioner and the University will then be informed of the Visitor's decision, with the reasons for it.

  26. Further information about, or clarification of these procedures is available from The Student Support Manager, Department of Student Services, University of Southampton, Southampton SO17 1BJ; telephone: 023-8059 3062; fax: 80594740.

  27. Students considering lodging a request for an appeal under the terms of these regulations are strongly advised to make early contact with the "Advice and Information Centre" in the Students' Union.