Court of First Appeal

• COURTS OF FIRST APPEAL
• ROLES OF COURTS OF FIRST APPEAL
• MEMBERSHIP OF COURT OF FIRST APPEAL
• SCHEDULING OF COURTS OF FIRST APPEAL
• PROCEDURES FOR BRINGING AN APPEAL TO A COURT OF
• FIRST APPEAL
• RECOMMENDATIONS OF THE COURT OF FIRST APPEAL
• APPEALING A DECISION OF A COURT OF FIRST APPEAL
• FURTHER PROCEDURES

COURTS OF FIRST APPEAL

A student may appeal decisions of Courts of Examiners relating to academic progress to a Court of First Appeal.

Courts of First Appeal shall not hear requests for re-check/re-marking of examinations and assessments. These should be processed according to the regulations set out in the Calendar..

The courses covered by each Court of First Appeal shall be as stated in Undergraduate courses covered by Courts of Appeal.

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ROLE OF COURTS OF FIRST APPEAL

The Court of First Appeal shall convene to consider appeals on matters of academic progress arising out of examinations or other academic circumstances where a student case

1. is not adequately covered by the ordinary regulations of the College; or
2. is based on a claim that the regulations of the College were not properly applied in the applicant's case; or
3. represents an ad misericordiam appeal.

An appeal other than an ad misericordiam appeal cannot be heard against the normal application of College academic regulations approved by the University Council.

The type of appeals considered by the Faculty Courts of Appeal can be further described as follows:

1. Appeals that the normal Faculty regulations applying to a student's progress be waived on ad misericordiam grounds.
   This could result in a number of courses of action being recommended, such as:
   1. that a student be permitted to proceed to the next year (e.g. by being allowed to carry, or compensate for, a failed subject);
   2. that a student be allowed to repeat a year, in full or 'off-books', where not otherwise entitled to do so;
   3. that an exclusion on a student be lifted.
2. Appeals for permission to sit a special examination in accordance with Calendar regulations. Such appeals are considered following the supplemental examination session and may be considered only in respect of non-final, non-degree examinations. Special examinations may be recommended in exceptional circumstances only, where a student has been unable to complete his/her examinations at the supplemental session due to illness or other grave cause.

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MEMBERSHIP OF A COURT OF FIRST APPEAL

The membership of a Court of First Appeal shall be based upon whether the Court of First Appeal is Course-based, School-based or Faculty-based. The composition of the Courts of First Appeal is outlined below

Composition of a Course-based Court of First Appeal.

• Pro-Dean (Chair)
• Course Office Administrative Officer (Secretary)
• Director of Undergraduate Teaching and Learning for Schools making contributions to the course (in the case of TSM Head of Discipline or nominee)
• Postgraduate Student representative
• Discipline specific representation, as deemed necessary by the Course Management Committee
• Appellants (students) and their tutors are entitled to attend to present their case.

Composition of a School-based Court of First Appeal.

• Pro-Dean (Chair)
• School Administrative Officer (Secretary)
• Director of Undergraduate Teaching and Learning
• Postgraduate Student representative
• Discipline specific representation, including representation from at least two other schools within the faculty
• Appellants (students) and their tutors are entitled to attend to present their case.

Composition of a Faculty-based Court of First Appeal.

• Pro-Dean (Chair)
• School Administrative Officer (Secretary)
• School Administrative Officers, where relevant.
• Directors of Undergraduate Teaching and Learning from Schools
• Postgraduate Student representative
• Representation from each School
• Appellants (students) and their tutors are entitled to attend to present their case
• *Representation from Associated Colleges. For B.Mus.Ed only (separate session to be held).

Where an appellant is a relative of a member of a Court of First Appeal, that member should not be involved in hearing that student's appeal. The definition of a relative is the definition previously agreed by Council.

A member of a Court of First Appeal should not also represent a student in appeal to that Court of First Appeal.

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SCHEDULING OF COURTS OF FIRST APPEAL

Courts of Appeal shall take place to hear appeals following annual and supplemental examinations.

Courts of Appeal shall be scheduled to take place before the relevant meetings of the Academic Appeals Committee.

The dates of the Courts of First Appeal should be set well in advance and notified to all relevant Directors of Teaching and Learning/Course Co-Ordinators, all College Tutors, the Senior Tutor and the Senior Lecturer and posted on School/Department/Course noticeboards.

Deadlines should be set for the submission of appeals for consideration at the Court of First Appeal and notified to the above parties.

Courts of First Appeal will consider appeals concerning events occurring more than eighteen months previously only in the most exceptional circumstances.

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PROCEDURES FOR BRINGING AN APPEAL TO A COURT OF FIRST APPEAL

All appeals arising from the decisions of Courts of Examiners should be made directly to the Court of First Appeal.

The student has responsibility for advising his/her tutor in good time of his/her intention to make an appeal.

A student may make an appeal through his/her tutor, or if the tutor is unable or unwilling to act, through the Senior Tutor, to the Court of First Appeal.

An appeal should be made using the Academic Appeal Form. Appropriate background documentation should be included.

The student's tutor, or the Senior Tutor, will attend the Court of First Appeal to represent the student, and the student may also attend if he/she so wishes.

Students may request a representative of the Students' Union to represent them as an alternative to their tutor or the Senior Tutor.

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RECOMMENDATIONS OF THE COURT OF FIRST APPEAL

A record should be made of the deliberations of Courts of First Appeal, giving grounds for each decision.

The recommendations of the Court of First Appeal should be forwarded to the Senior Lecturer for approval. All recommendations should be returned on the prescribed form - c.f. Sections 3 and 4 of the Court of First Appeal / Academic Appeal Form

Recommendations of a Court of First Appeal shall not be seen as binding until they have been approved by the Senior Lecturer.

Once the Senior Lecturer's approval is obtained, the relevant Course / School Office should instruct the student's tutor or representative to inform the student of the outcome of the appeal.

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APPEALING A DECISION OF A COURT OF FIRST APPEAL

Decisions of a Court of First Appeal may be appealed to the Academic Appeals Committee.

The regulations regarding the Academic Appeals Committee are set out in the General Regulations and Information section of the Calendar.

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FURTHER PROCEDURES

Further information relating to individual Courts of First Appeal is available from School and Course Offices.

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