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Appeals

COURTS OF FIRST 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
    • is not adequately covered by the ordinary regulations of the College; or
    • is based on a claim that the regulations of the College were not properly applied in the applicant's case; or
    • 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:
    • 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:
      • that a student be permitted to proceed to the next year (e.g. by being allowed to carry, or compensate for, a failed subject);
      • that a student be allowed to repeat a year, in full or 'off-books', where not otherwise entitled to do so;
      • that an exclusion on a student be lifted
  • 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 will vary according to 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)
    • Faculty 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 (click here).
  • 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 are normally convened 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 College Academic Appeal Form/Court of First Appeal Form (MS Word, 59 KB), also available through the Senior Tutor's Office. 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 (PDF, 130 KB),H11 §49.

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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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Last updated 13 July 2011 Vice-Provost / Chief Academic Officer (Email).