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Academic Appeals
Q1: Can I challenge my university’s decision on academic matters?
A1: Yes, as a student, you must first challenge any academic decision through your university’s internal appeals processes. Once the internal appeal process has been completed, depending on the facts and the evidence available, you may be able to successfully refer the matter to an external body such as the Office of the Independent Adjudicator (OIA).
Q2: Where can I find out what my university’s internal appeals process is?
A2: Your university’s internal appeals process should be in the academic regulations or student handbook, which are generally available on a university’s website or from the Registry. Be sure to pay special attention to deadlines.
Q3: What are common grounds for submitting academic appeals?
A3: Common grounds for academic appeals include the following:
- Assessment Issues: If you believe there was an error in the assessment process, such as a miscalculation of grades, incorrect application of assessment criteria, or failure to consider mitigating circumstances that affected your performance.
- Extenuating Circumstances: If you experienced significant personal difficulties or exceptional circumstances (e.g., illness, family crisis) that affected your academic performance but were not adequately considered during the assessment.
- Procedural Irregularities: If there were procedural irregularities in the assessment process, such as a failure to follow established procedures, lack of transparency, or unfair treatment in the marking or moderation process.
- Discrimination or Unfair Treatment: If you believe you have been subjected to discrimination, bias, or unfair treatment by academic staff during the assessment or examination process.
- Fitness to Practice Decisions: For certain professional courses (e.g., medicine, law), if there are concerns about your fitness to practice and you believe the decision was unfair or based on incorrect information.
- Plagiarism or Academic Misconduct Allegations: If you are accused of plagiarism or academic misconduct, and you believe the accusation is unfounded or that the investigation was not conducted fairly.
- Degree Classification or Progression Decisions: If you are dissatisfied with the decision on your degree classification or progression to the next academic year, and you believe there are grounds for appeal.
Academic misconduct
Q3: What constitutes academic misconduct?
A3: The following conduct constitutes the most common forms of academic misconduct:
- Plagiarism: see Plagiarism.
- Cheating: Cheating encompasses various actions aimed at gaining an unfair advantage in assessments. This can include bringing unauthorized materials into exams, using unauthorized devices, or obtaining or providing unauthorized assistance during exams or coursework.
- Collusion: Collusion occurs when students collaborate on assignments or assessments without authorization. Submitting work that is not entirely one’s own or allowing others to submit work on one’s behalf can be considered collusion.
- Contract Cheating: Contract cheating involves outsourcing academic work to third parties, such as essay mills or ghostwriters, to complete assignments on behalf of the student. This undermines the educational process and is considered a serious breach of academic integrity.
- Fabrication: Fabrication involves creating false information or data in coursework, assignments, or research. This can include inventing sources, falsifying experimental results, or providing misleading information.
- Impersonation: Impersonation occurs when someone else, other than the registered student, takes an exam or completes an assessment on behalf of the student. This is a serious offense that undermines the credibility of academic qualifications.
- Unauthorized Collaboration: Students are typically required to complete their work independently unless explicitly permitted to collaborate. Unauthorized collaboration involves working together without proper authorization.
- Breach of Exam Regulations: Actions that breach exam regulations, such as attempting to communicate with others during exams, bringing prohibited materials into the exam hall, or leaving the exam hall without permission.
- Misuse of Research: Misusing research involves presenting someone else’s research findings as one’s own or manipulating data to misrepresent results. This is a serious breach of academic integrity, particularly in postgraduate research.
- Non-Disclosure of Conflicts of Interest: Failing to disclose conflicts of interest, such as a personal relationship with a subject of research.
Q4: Does my university have to address academic misconduct?
A4: Yes, universities must have clear policies and procedures for handling allegations of academic misconduct.
Q5: Where can I find my university’s policies and procedures in relation to academic misconduct?
A5: Academic regulations and policies, outlining what constitutes academic misconduct and the consequences for engaging in such misconduct, are often detailed in academic handbooks or codes of conduct, which can usually be found on the institution’s website, intranet or obtained from the Registry. Be sure to pay special attention to deadlines.
Q6: What happens if my university decides I am guilty of academic misconduct?
A6: Penalties for academic misconduct can include receiving a reduced grade on an assignment, failing a module or course, or in severe cases, permanent exclusion or withdrawal from an institution. You must act quickly and appeal any decision made against you by the university. It is always helpful to appeal regardless of how strong or weak your case may be.
Q7: Can I use ChatGPT to do assist with assignments?
A7: It would be unwise to use ChatGPT to assist with assignments. Universities have high tech software that is capable of identifying if you have used someone else’s work as your own or, indeed, used ChatGPT to draft your assignment for you.
Q8: How are intellectual property (IP) rights handled in relation to student research at universities?
A8: Intellectual property rights for student research are often determined by university policies. It is important to check, regardless of your status at the university (eg undergraduate or postgraduate, professor or lecturer) what the legal documents say about Intellectual Property ownership. In most cases the University will attempt to retain the Intellectual Property rights, particularly on research degrees.
Q9: Where can I find my university’s policies in relation to IP rights?
A9: The policies should be available on the university website or, alternatively, Registry can provide you with the correct policies.
Breach of Contract
Q10: What are the circumstances in which I might be able to bring a breach of contract claim?
A10: The circumstances in which you can bring a breach of contract claim are many, but would include the following:
- Changes to Course Content or Structure: If the university makes substantial changes to the content or structure of your course without adequate notice or consultation, and this negatively impacts your educational experience.
- Failure to Provide Advertised Services: If the university fails to deliver the educational services, facilities, or support that were explicitly promised or advertised.
- Substandard Teaching or Facilities: If the quality of teaching, facilities, or resources falls significantly below the standard that could reasonably be expected based on the information provided by the university.
Data Protection
Q12: What can the university do with my data and what are my rights in relation to data protection?
A12: Students have data protection rights under the Data Protection Act 2018. Universities must handle personal data responsibly and in accordance with the principles of the Data Protection Act 2018. The Information Commissioner’s Office (ICO) is responsible for overseeing data protection. Students have the right to complain to the ICO should they believe their data is being mishandled by the university or college.
Q13: Can I request access to my academic record?
A13: Yes, under the Data Protection Act 2018, students have the right to request access to their academic records by making a data subject access request (DSAR). The university website should state how and to whom to address a request for your academic record. If it does not, speak to Registry. The university will be obliged to respond to your request within 30 days. It is important to formulate your DSAR correctly. Contact our team at NBB to assist you with making a successful DSAR.
Degree Classification
Q14: On what grounds can I challenge my degree qualification?
A14: The following are common grounds for challenging a degree classification:
- Procedural Irregularities: If you believe there were procedural errors or irregularities in the assessment process, such as mistakes in the calculation of marks, failure to follow established procedures, or lack of transparency.
- Extenuating Circumstances: If you experienced significant personal difficulties or exceptional circumstances during the assessment period that were not adequately considered when determining your final grade.
- Discrimination or Unfair Treatment: If you believe you have been subjected to discrimination, bias, or unfair treatment by academic staff during the assessment process.
- Fitness to Practice Concerns: For certain professional courses (e.g., medicine, law), if there are concerns about your fitness to practice and you believe the decision was unfair or based on incorrect information.
- Errors in Record Keeping: If there are errors in the recording or reporting of your academic performance that may have affected your degree classification.
Q15: How do I challenge my degree classification?
A15: First speak to your academic advisor or a relevant staff member within your department to discuss your concerns and seek advice on the appropriate steps to take. Be sure to familiarise yourself with the university’s policies and procedures relating to challenging a degree classification. Follow the formal appeal process outlined by your university. This often involves submitting a written appeal within a specified timeframe, clearly outlining your grounds for appeal and providing supporting evidence. The NBB Education Law team can assist with preparing and submitting written appeals.
Q16: Where can I find my university’s policies and procedures for challenging a degree classification?
A16: Your university’s policies and procedures for challenging a degree classification can usually be found in the academic regulations or student handbook usually on your university’s website or at the Registry. It’s crucial to follow your university’s specific procedures for challenging a degree classification, as each institution may have its own policies in place. Be sure to pay special attention to deadlines. The NBB Education Law team can ensure that you are complying with your university’s procedures to maximise your chances of mounting a successful challenge.
Q17: What sort of evidence do I need to support my challenge?
A17: Depending on your grounds for challenge, relevant evidence may include documentation of extenuating circumstances, records of communication with academic staff, or evidence of procedural irregularities. The NBB team can help you identify and obtain the necessary evidence to support your challenge.
Q18: Will I need to attend a hearing as part of the challenge procedure?
A18: It is likely that you will be asked to participate in hearings or meetings related to your appeal. Some universities may have an appeals panel that reviews cases and makes decisions. NBB team members can attend such hearings with you and provide the support required to ensure that you present the best case possible.
Q19: What can I do if my challenge is unsuccessful?
A19: If your challenge is not successful and you have exhausted internal avenues, you may have the option to seek an external review, such as from the Office of the Independent Adjudicator (OIA) for Higher Education or pursue other dispute resolution mechanisms. The Education Law team at NBB can advise on these.
Disciplinary Issues
Q20: Are there any limits on my rights to protest or demonstrate on campus?
A20: Students have the right to protest within legal limits. Universities may regulate the time, place, and manner of protests to ensure order. Check your university’s handbook for policies on protests and demonstrations on campus.
Q21: What legal guidelines exist for freedom of speech for students and staff on campus?
A21: Students and staff have the right to free speech, but universities may regulate expression within legal limits to ensure a safe and inclusive environment. The new Further and Higher Education Act 2023 now makes provision for freedom of expression at universities.
Q22: Where can I find my university’s code of conduct, outlining expected standards of behaviour and the consequences for violations?
A22: Your university’s code of conduct can usually be found in the academic regulations or student handbook usually on your university’s website or available from the Registry.
Q23: I have been invited to attend a disciplinary hearing. May I bring someone with me for support or to represent me?
A23: Students are often entitled to be accompanied or represented by a friend, family member, or a representative (such as a student union officer) during disciplinary proceedings. You may even have a lawyer from NBB represent you.
Q24: What happens if my university decides that I have breached the university’s code of conduct?
A24: The disciplinary panel may impose disciplinary sanctions on you. These can range from warnings and fines to academic penalties, and temporary or permanent exclusion from the university.
Q25: Can I challenge any disciplinary decisions including unfair dismissal or withdrawal from my university?
A25: Most universities have an internal appeals process that allows students to challenge disciplinary decisions if they believe there were procedural errors, unfair treatment, or new evidence that was not considered. A student must first engage in this internal process before seeking recourse through external bodies such as Office of the Independent Adjudicator (OIA) . Each institution may have variations in its disciplinary processes, and students are encouraged to consult their university’s code of conduct or student handbook for detailed information.
Q26: Will my university keep a record of any disciplinary proceedings that I am involved in and to whom can such records be disclosed?
A26: Yes, universities usually maintain records of disciplinary proceedings and outcomes. These records may be considered in future disciplinary matters and may also be disclosed to potential employers or other educational institutions, depending on the severity of the offense.
Q27: Can I get any support to deal with disciplinary proceedings brought against me?
A27: Universities often provide support services for students involved in disciplinary matters, including access to counselling, advice, and guidance throughout the process.
Discrimination – disability, race, religion, sex, gender
Q28: I have a disability. Is my university legally obliged to accommodate students with disabilities?
A28: Yes, the Equality Act 2010 imposes a duty on educational institutions to make reasonable adjustments for students with disabilities to ensure they are not placed at a substantial disadvantage compared to non-disabled students. This includes adjustments to facilities, policies, and practices.
Q29: I am a victim of discrimination and harassment on campus. What can I do?
A29: Universities have obligations under the Equality Act 2010 to prevent discrimination and harassment based on protected characteristics. Universities and colleges are expected to have clear and accessible procedures (usually in the student handbook accessible from a university’s website) for handling discrimination complaints. Students who believe they have experienced discrimination can, and typically must first, raise the issue through the institution’s internal grievance or complaints process before pursuing a claim in the county court, or seeking redress through alternative dispute resolution mechanisms.
For further information on discrimination, see Discrimination – disability, race, religion, sex, gender
Fee status
Q30: I want to challenge my fee status. What can I do?
A30: It is important to understand whether you qualify for home fee status. You will need to look at UKCISA to understand whether you fit any of the relevant categories. You will then need to make a submission to the university asking it to review your fee status and to make a decision on whether to change it. These are complex matters.
Contact NBB Law at an early stage to obtain advice on the merits of your case and to receive the best guidance on how to approach a challenge to your fee status.
Fitness to Study
Q31: What will my university do if I raise a fitness to study issue or if someone else raises a fitness to study issue about me?
A31: In the first instance, the university will likely refer you to the university’s support services, such as counselling or student well-being services. These services can provide additional support and assess your situation. Support services or designated staff may conduct an assessment to gather relevant information about your circumstances. This can include academic performance, medical information, or reports from relevant parties.
Q32: Will I know that a Fitness to Study procedure has been commenced?
A32: Yes, students are usually informed about the Fitness to Study procedure. You may be asked to provide your perspective, share any relevant information, and participate in discussions about potential support or adjustments.
Q33: Does the Fitness to Study procedure involve a hearing?
A33: Sometimes, in more serious cases, a university may convene a Fitness to Study panel or hearing to review the information gathered. This panel typically includes representatives from academic, pastoral care, and sometimes medical services. The student may be invited to attend and present their case.
Q34: What sort of a decision can a Fitness to Study panel make regarding my fitness to study?
A34: The panel may decide:
- to allow you to continue as normal;
- impose conditions on continued study;
- suggest a temporary suspension; or
- recommend withdrawal from the university.
Q35: Can I appeal a decision regarding my fitness to study?
A35: Universities usually have an appeals process in place, generally allowing the student to present additional information or challenge the decision made by the Fitness to Study panel.
Q36: Will the university provide me with any support after the Fitness to Study procedure is complete?
A36: Regardless of the outcome of the Fitness to Study procedure, universities often provide ongoing support for students, which may include counselling, academic assistance, or other forms of support to help students succeed in their studies.
Q37: Where can I find my university’s Fitness to Study Procedures?
A37: Your university’s policies and procedures related to Fitness to Study should be in the Student’s Handbook which is usually found on a university’s website or at the Registry.
General
Q38: How are disputes between students and universities resolved?
A38: Disputes may be resolved through internal university procedures, or alternative dispute resolution mechanisms, such as mediation. The student can also bring their complaint to the OIA or sue the university in the courts if necessary.
Q39: Can I get legal aid to assist with covering the cost of your services?
A39: NBB Law does not offer legal aid for any education law matters. Legal aid is also very limited in education law generally.
Q40: Do universities have an obligation to ensure a fair and unbiased admissions process?
A40: Yes, universities must ensure a fair and unbiased admissions process, complying with relevant equality and anti-discrimination laws.
International Students
Q41: What rights and obligations do I have as an international student regarding my visa and immigration status?
A41: As an international student, you will likely have been issued with a student visa to enable you to enter and reside in the UK to study at your chosen academic institution. A student visa provides you with certain rights and imposes certain obligations on you. It is important that you comply with any conditions of the student visa to ensure that you can continue to access the education you seek.
For example, you are only permitted to engage in employment for a limited number of hours while studying in the UK. If you breach this condition by working more hours, your student visa could be revoked and you would not be able to continue your studies in the UK. Equally, if you fail to maintain the required attendance, or if there are changes to your circumstances such as switching courses or universities this could also cause visa issues.
Q42: What support is there for international students at university?
A42: Universities typically have dedicated international student support offices, legal advice services, and counselling services to assist with a range of issues.
The Office of the Independent Adjudicator for Higher Education
Q48: What is The Office of the Independent Adjudicator for Higher Education (OIA)?
A48: The OIA is an independent organization in the UK that handles student complaints about higher education providers. It provides an alternative dispute resolution (ADR) mechanism for students who have been unable to resolve their complaints through their university’s internal procedures. The OIA procedure is paper-based and there is no hearing involved. The OIA deals with a range of complaints, including academic appeals, allegations of unfair treatment, issues related to student services, and complaints about institutional processes.
Q49: When can I refer a matter to the OIA?
A49: Before a student can bring a complaint to the OIA, they generally need to obtain a Completion of Procedures Letter from their university or college, confirming that the institution’s internal processes have been exhausted.
Q50: What sort of decisions will the OIA make?
A50: The OIA may recommend outcomes such as a reassessment of academic work, financial compensation, or changes to institutional procedures.
Q51: Will my university be obliged to accept the OIA’s decision?
A51: No, OIA decisions are not binding, meaning institutions are not legally required to implement the recommendations.
Q52: Can the OIA review all types of cases?
A52: No, the OIA does not have the authority to deal with certain types of complaints, including those related to admissions decisions, allegations of discrimination, or academic judgment.
Q53: How long will it take for the OIA to review my case?
A53: The OIA typically reviews cases within specified timeframes but timelines can vary and the process may take several months.
Q54: How much does it cost to refer a matter to the OIA and do I need a lawyer to represent me before the OIA?
A54: The services of the OIA are free and students do not need legal representation to use the OIA, although that option is always available. The NBB Education Law team has extensive experience of representing students in the OIA.
Q55: If I am dissatisfied with the outcome of the OIA’s review, can I pursue other avenues of redress?
A55: Yes, after the OIA’s review, you may still have the option to pursue legal action or alternative dispute resolution (ADR) methods such as mediation or arbitration with the University. You can also consider a Judicial Review challenge against the OIA or enter into further challenges with the University that may include court proceedings.
Plagiarism
Q56: What constitutes plagiarism?
A56: Plagiarism is a form of academic misconduct. It involves the act of presenting someone else’s work, ideas, or intellectual property as one’s own without proper acknowledgment or citation. Plagiarism can take various forms, including:
- copying and pasting from sources without attribution;
- paraphrasing without proper citation; or
- submitting someone else’s work as one’s own.
Q57: Where can I find my university’s regulations and policies, outlining what constitutes plagiarism and the consequences for engaging in such misconduct?
A57: Regulations are often detailed in academic handbooks or codes of conduct, which should be available on your university’s website or from the Registry. Also, assignment briefings and guidelines provided to students usually include information on the expectations for original work and proper citation. Institutions often provide educational programs and resources to help students understand what plagiarism is and how to avoid it and the importance of academic honesty.
Understanding proper citation methods, seeking guidance from academic staff, and utilizing available support services can help you avoid unintentional plagiarism, understand what is considered acceptable in terms of collaboration and referencing, and navigate the academic environment with integrity.
Q58: What are the consequence of plagiarism being identified in my work?
A58: If you have been found guilty of plagiarism, your academic institution may impose assessment penalties. This can include reducing the grade for, or even, failing the entire assignment or module.
In addition to assessment penalties, students may be required to complete educational interventions, such as workshops on academic integrity, to address the underlying issues that led to plagiarism.
Records of plagiarism cases are typically maintained by universities. In some cases, repeated instances of plagiarism may result in more severe consequences, including suspension or expulsion.
Q59: I have been reported for plagiarism. What happens next?
A59: In cases of suspected or reported plagiarism, universities may conduct formal investigations. This can involve interviews with the student, a review of the evidence, and the opportunity for the student to provide their perspective on the alleged misconduct.
Some universities have academic misconduct panels that review cases of plagiarism. These panels include academic staff who assess the evidence and determine the appropriate sanctions.
Q60: My university has decided that I engaged in plagiarism. Can I appeal this decision?
A60: Students have the right to appeal decisions related to plagiarism allegations. The appeals process allows them to challenge the findings if they believe there were procedural errors or if they have new evidence to present.
University Fees
Q64: Can I appeal my university’s decisions related to tuition fees?
A64: Yes, you can appeal any tuition fee decisions by following your university’s internal appeals procedure.
Q66: Where can I find out what my university’s procedures are for appealing decisions related to tuition fees?
A66: Your university’s is likely to have a process to challenge fee status decisions. Often you need to complete a fee status questionnaire. NBB Law education lawyers are skilled at challenging fee status decisions.
For further information on this topic, see University Fees.
Withdrawal from University
Q67: I have been withdrawn from university. What can I do?
A67: It is often possible to appeal a decision to withdraw you from university.
However, the specific procedures and grounds for appeal can vary between universities, so it’s important to check your university’s policies and regulations. This information is usually in the student handbook available on the university website or from the Registry.
Seek legal advice early to protect your position. The NBB Education Law team can assist you with understanding your university’s policies and procedures and ensure that you meet any specified deadlines for appeals and that you put the best case forward to maximise your chances of a successful appeal.
Q68: What sort of evidence do I need to support my case?
A68: If there are extenuating circumstances that led to your withdrawal, relevant documentation, supporting your case could include medical certificates, personal statements, or other evidence that explains the challenges you faced. NBB’s Education lawyers can assist you with identifying evidence to support your case and thus maximise your chance of successfully challenging your withdrawal.
Q69: Will I need to attend a hearing?
A69: Some universities may hold appeal hearings where you can present your case in person. If this is the case, be prepared to attend and provide additional information if requested. NBB Education Lawyers can help you prepare for such hearings and can often represent you at hearings to maximise your chances of success.