Regulations for Higher Degrees by Research

Senate

Subject: Amendments to the Regulations for Higher Degrees by Research- Appeals

Origin : Research Committee

Senate is requested to approve amendments to the Regulations for Higher Degrees by Research (Appeals) to clarify existing procedures.

The Regulations Review Group felt that the Appeals regulations were generally fit for purpose but suggested some minor changes to improve their clarity. The main amendments proposed are to paragraph 16.4 concerning the membership of the Appeal body and to the timescales for processes which are now made more consistent with timescales for appeals in relation to taught programmes.

16. Appeals

Research Degree Examinations – Appeal against Fail Outcome

16.1 A Research Student (including a candidate submitting under either Paragraph 6 or 7 of these Regulations) for whom the Examiners' decision is `fail' may lodge a written appeal, with supporting evidence, with the Academic Registrar or nominee within fourteen working days of being informed of the result of the examination. The grounds for such an appeal shall be set out in writing and shall be confined to one or more of the following:

(i) that there existed at the time of the examination circumstances affecting the student's performance of which the examiners had not been made aware when their decision was taken;

(ii) that there were procedural irregularities in the conduct of the examination of such a nature as to cause reasonable doubt as to whether the examiners would have reached the same conclusion had they not occurred;

(iii) that there is evidence of prejudice or of bias against the candidate or of inadequate assessment on the part of one or more of the examiners.

16.2 A student who wishes to lodge an appeal in accordance with paragraph 16.1 of the Regulations for Higher Degree by Research, on the basis of retrospective medical grounds, will be required to provide written medical evidence.

16.3 Given the existence of procedures for complaint and redress during the study period (which should normally be dealt with through the Director of Research Degree Programmes as and when they arise), alleged inadequacy of supervisory or other arrangements during the period of study should not constitute grounds for an appeal unless there are exceptional reasons for it not having come to light until after the examination, in which case it may be considered under paragraph 16.1i).

16.4 The Vice-Chancellor or failing him/her a Pro-Vice-Chancellor shall nominate an appeal body to consider such appeals which shall be constituted as follows:

· A Pro-Vice-Chancellor or a Dean or an Associate Dean (Research) (Chair)
The Chair of the Appeal Panel shall be from a Faculty other than the one in which the student is registered.

· 3 members of the academic staff at least one of whom shall be a Professor and at least one shall be a member of Senate

· ~~2 Professors (at least one of whom shall be a member of Senate)~~

· ~~1 member of Senate (not being a Professor or a student)~~

16.5 No member of the University shall be appointed to membership of the appeal body who has been involved in the examination or had any supervisory relationship with the student, nor is a member of the department in which the student is registered. No Department may have more than one of its members on the appeal body.

16.6 An appellant shall have the right to appear in person before the appeal body and may be accompanied by a person of his/her own choosing.

16.7 The appeal body shall determine its own procedure within the framework set out in the Code of Practice on Appeals and may take such advice as it considers appropriate.

16.8 The appeal body shall have power either to reject the appeal, in which case the examiners' decision shall be final, or to determine which of the following courses of action shall be taken:

(i) in cases where the appeal is based on either of the grounds stated in 16.1(i) or 16.1(ii) above the appeal body shall be empowered

· to direct the Examiners to re-consider their decision for the reasons stated and to report their decision to the appeal body which shall then determine the appeal in the light of such re-consideration; and/or

· to give the student permission to revise the thesis and re-submit for re-examination by the Examiners within a time limit specified by the appeal body; and/or

· to annul the examination and direct that a fresh examination be conducted.

(ii) in cases where the appeal is based on the grounds stated in 16.1(iii) above, the appeal body shall be empowered to direct that the thesis shall be re-examined.

16.9 Where re-examination under 16.8(i)(c) or 16.8(ii) is determined, Senate shall appoint new examiners, in number no fewer than the original examiners and containing at least two external examiners. The new examiners shall be given no information about the previous examination except that they are conducting a re-examination on appeal. They shall be required to submit independent reports on the thesis before conducting the oral examination and a joint report after the oral examination.

16.10 The decision of the new examiners shall be reported and their report made available to Senate and Senate, having considered the decision of the new examiners, shall award the degree, if any, recommended by the new examiners except as provided in para. 11.9 above.

Appeal against Termination of Registration

16.11 An Appeal Body shall be nominated in accordance with the arrangements in paragraphs 16.4 and 16.5. A student wishing to exercise his/her right of appeal under paragraph 4.6 of these Regulations must lodge his/her appeal in writing (within fourteen days of receiving notice in writing of the decision by his/her Head of Department ~~Director of Research~~ against which he/she is intending to appeal) with the Academic Registrar or his/her nominee. Any appeal shall be heard by the Committee as soon as is convenient, and in any case normally not later than 28 40 working days after the lodging of the appeal. The Committee shall determine its own method of proceeding within the framework set out in the ~~Notes for Guidance of Students, Directors of Research, Supervisors and Examiners~~ Code of Practice on Appeals.

16.12 The Appeal Body shall have the power to either reject the appeal, in which case the decision shall be final, or to uphold the appeal according to any conditions which it may consider necessary to impose.

Author – Dr B P Vale

Date – June 2009