Exams and assessments
Academic Appeals (Regulation XIV)
The following guidance is provided for students who wish to submit an academic appeal under Regulation XIV and should be read in conjunction with the Regulation itself. Further advice and assistance in relation to submitting an appeal is available from Loughborough Students Advice, based in the Students’ Union.
What should I do if I think there has been an administrative error in the recording or calculation of my marks?
You should discuss the matter with your School/Department in the first instance. This will not prejudice your right to submit an appeal later if you are dissatisfied with the response, and a further 10 working day period for appeal from the last relevant communication from your School/Department will apply.
What if my case goes beyond the question of an administrative error in the recording or calculation of my marks?
You will then need to consider whether to submit an appeal under Regulation XIV against the decision of the Programme or Review Board – see below.
On what grounds can I appeal?
An appeal can only be considered where one or more of the following circumstances apply:
- There were mitigating circumstances (such as significant ill-health, or exceptional personal problems) affecting you of which the Programme Board or Review Board was not made aware when it took its decision (i.e. because you did not submit a Mitigating Circumstances claim).
- There were procedural irregularities in the conduct of the assessment or of the Programme or Review Board. “Procedural irregularities” in this context is interpreted relatively widely, and can include any instance where the delivery of a module departs from the description in the module specification. Please note, however, that an appeal based on your performance being affected by a procedural irregularity is unlikely to be successful if the issue has already been brought to the attention of your School, and appropriate remedial action taken.
- There is evidence of prejudice or bias against you on the part of one or more of the Examiners which was not available at the Programme or Review Board. “Evidence” in this context will need to amount to more than a feeling on your part that an examiner is prejudiced or biased against you and/or has assessed your work harshly.
Can I appeal on the basis that I think my work was deserving of a higher mark?
Appeals based on an assertion that your work was deserving of a higher mark will not be successful. This is because the assessment of all your work at the University is subject to the checks, and rigorous marking procedures outlined in section 12 of the University’s Academic Quality Procedures Handbook - these safeguards mean that you may not challenge the academic judgement of the examiners, or ask for coursework or examination scripts to be re-marked.
What if I didn’t tell my School/Department at the time about the mitigating circumstances, procedural irregularities, or prejudice/bias that affected me?
An appeal based on your performance being affected by mitigating circumstances will only be considered if you are able to demonstrate that you had “good cause” for not bringing the circumstances to the attention of the examiners by submitting a Mitigating Circumstances claim at the appropriate time (normally before the publication of your results). An example of “good cause” in this context would be if you were affected by significant mental health issues. However, a lack of awareness of the Mitigating Circumstances processes, and/or only coming to the realisation after the publication of your results that your performance was affected by mitigating circumstances will not normally be accepted as constituting “good cause.”
Similarly, an appeal based on your performance being affected by a procedural irregularity or by alleged prejudice/bias will only be considered if you are able to demonstrate that you had “good cause” for not bringing the circumstances to the attention of the examiners prior to the publication of your results.
What if I told my School/Department about the circumstances affecting my performance by submitting a timely Mitigating Circumstances claim, but I am not satisfied with the decision reached on my claim?
Normally, an appeal based on circumstances which have already been considered through the Mitigating Circumstances processes, or which amounts to an expression of dissatisfaction with the decision of the Mitigating Circumstances Panel on your claim, will not be successful. If you submit substantive new information and/or evidence in relation to such circumstances as part of an appeal, this will be considered, but you will need to demonstrate that you had good cause for not supplying this additional material as part of your earlier Mitigating Circumstances claim.
How do I make an appeal?
If you wish to appeal against the decision of a Programme or Review Board and you think you have grounds as set out above, you must do so by completing the Regulation XIV Appeal Form.
Completed forms should be submitted to the Academic Registrar either by email to Studentappeals@lboro.ac.uk or in hard copy to the address given at the end of the appeal form. (Please note that if you submit your appeal by email, you may be required to provide original hard copy supporting documentation at a later stage).
What is the deadline for submitting an appeal?
Appeals must normally be submitted within 10 working days of the publication of the decision of the Programme or Review Board whose decision is the subject of the appeal.
Do I need to provide supporting evidence?
Yes, appeals without supporting evidence will not normally be considered.
How can LSU Advice help me with my appeal?
LSU Advice are able to provide independent and impartial advice on your appeal and the process for its submission. They cannot tell you whether your appeal will be successful, or, what the outcome of it will be, but can discuss your eligibility with you and what basis for appeal you may have, based on the information you provide to them. Primarily, they can support you by reviewing a draft of your appeal form; providing feedback on its clarity, further detail that may be necessary, as well as options for evidence to submit in support of the explanations you have provided. For support with your appeal, please email email@example.com as soon as possible with a draft of your appeal form and any supporting evidence you have gathered so far.
What is the process for considering my appeal, and how long will it take?
- Your appeal will be considered in the first instance by the Academic Registrar (or nominee), who will decide whether it should be dismissed or referred for further consideration. The Academic Registrar may respond initially to ask you for further information or evidence, and it is important therefore that you provide as much detail and supporting documentation at the outset. You will be informed in writing of the Academic Registrar’s initial decision, with reasons, within five working days of receipt of the complete appeal documentation.
- If your appeal is referred by the Academic Registrar for further consideration, reports will be sought from the Chair of the Programme or Review Board, and from other sources, such as Student Services, as the Academic Registrar sees fit. It will normally take around a week for these reports to be provided. You will be permitted to see and comment on these reports, and you will normally be given a further week to do so.
- If, at this stage, the Academic Registrar considers it appropriate, in accordance with the precedents set in other cases, to upheld or dismiss your appeal, they may do so, providing their decision, with reasons, in writing. Otherwise, your appeal will be considered by the Pro Vice-Chancellor for Teaching, who may reach one of the following decisions:
- To dismiss the appeal, in which case you will be given the reasons for the decision in writing.
- To uphold the appeal, in which case the Programme or Review Board will be asked to reconsider the decision which gave rise to the appeal.
- To refer the case for further investigation by an Academic Appeal Committee.
- The final decision on your appeal, by the Academic Registrar or the Pro Vice-Chancellor for Teaching will normally be conveyed within a maximum of 40 working days from the submission of the complete appeal documentation.
What happens if my appeal is upheld by the Academic Registrar or the Pro Vice-Chancellor for Teaching?
If your appeal is upheld, arrangements will be made for the relevant Programme or Review Board to be reconvened electronically to reconsider its decision as though the information and evidence in your appeal had been brought to its attention at the time it made its initial decision. In many cases the decision of the reconvened Board is to allow the appellant whose appeal has been upheld to retake the assessments that were the subject of the appeal on a Repeat First Attempt basis.
What happens if my appeal is dismissed?
If your appeal is dismissed, you will be advised that here is no further mechanism to review the decision within the University, except for the Student Complaints Procedure, set out in University Ordinance XXXVIII. However, a complaint under this procedure will only be successful if there is clear evidence of procedural irregularities in the conduct of your initial appeal; it is not a mechanism to ask for a review of the decision by another person. You will be advised further that if you are dissatisfied with the outcome, you have the right to take the matter outside the University and apply for a review of your appeal to the Office of the Independent Adjudicator for Higher Education (OIA).