Student Academic Appeals Procedure

1. Definition
2. Introduction
3. General Principles
4. Special Cases
5. Core Considerations
6. Informal Resolution
7. Circumstances in which an appeal may be made
8. Grounds on which an appeal may be made
9. Overview
10. Lodging an appeal
11. Evidence
12. Consideration of Formal Stage appeals
13. Consideration of Review Stage appeals
14. Notification of outcome
15. Withdrawal of Appeal
16. Correspondence
17. Confidentiality
18. The Office of the Independent Adjudicator

1. Definition

For the purposes of this policy an academic appeal, as defined by the Office of the Independent Adjudicator (OIA), is a "request for a review of a decision of an academic body charged with making decisions on student progress, assessment and awards."

2. Introduction

This document sets out the procedures for the consideration of academic appeals. It should be read in conjunction with University Regulations 2.8 (for research students) and 6.7 (for taught students).

The appeals procedure is available to students of the University of York, with the exception of students who have had their registration suspended by the University.

Students should be aware that submission of an academic appeal does not alter their academic status. As such, they should continue to engage with their programme (where appropriate) as usual whilst awaiting the outcome of their appeal. A student’s academic status will only change if their appeal is subsequently successful.

3. Principles underlying academic appeals procedures

We aim to operate an appeals system which:

• is conducted fairly and reasonably
• follows clear straightforward written procedures which are accessible
• respects privacy and confidentiality, subject to the need for an open and fair investigation and for the outcome of the investigation to be reported appropriately
• is evidence based
• comes to a clear conclusion without unnecessary delay
• gives reasons
• provides appropriate redress
• provides an opportunity for review if the above standards have not been met.

Appeals will be treated seriously and students will not suffer any disadvantage or recrimination as a result of making an appeal in good faith. Appeals made frivolously, vexatiously or with malice will not be considered.

We also strongly encourage students to seek Students' Union Advice at any stage in the appeals process, including advice on how to present their case effectively.

4. Special Cases

Responsibility for considering academic appeals has been delegated by Senate to Student and Academic Services (Special Cases).

Formal Stage Appeals are considered by Special Cases Officers or the Special Cases Manager.

Review Stage appeals are considered by the Special Cases Manager, Deputy Head, Deputy Director or Director of Student Administration and Academic Affairs or their nominee.

5. Core considerations

Before initiating the Academic Appeals procedure, students must verify that they have both the right to appeal and grounds for appeal, in accordance with the terms of these procedures.

Before deciding whether to make an appeal, students are strongly encouraged to talk the matter through with an appropriate person in their academic department. It may be that following such discussions, concerns about the result/decision might be clearer and more understandable (eg how a mark for an examination/piece of work was arrived at or how the classification has been calculated) and the matter can be resolved informally.

6. Informal Resolution - Procedural Irregularity

Informal resolution is most appropriate in handling potential procedural irregularities. This mechanism is not intended to be used to remedy exceptional circumstances.

Students do not need to use a particular form to raise an informal concern, however, they should do so in writing to their academic department (usually via email). The department may ask a student to summarise or clarify the key parts of their concern in writing if it is unclear. Students should not usually be asked to provide significant evidence during informal resolution. If the matter can’t be resolved without gathering extensive evidence, it will usually be best to move on to the formal stage.

Students should be able to express their concerns and feel that they have been listened to. It may be possible to resolve the concern by providing an on-the-spot explanation of why the issue occurred and/or (where appropriate) an apology and an explanation of what will be done to stop a similar situation happening in the future.

Departments are able to offer further explanation and information, and/or where appropriate, an apology, in response to an informal appeal.

It is good practice to record the actions taken to consider and resolve the concern, the decision, and brief details of what was communicated to the student, and when. This can then be available to those considering any formal appeal at a later stage.

At the conclusion of an attempt at early resolution the department should write to the student setting out the outcome.

Where it is clear early resolution is not appropriate or possible, and that the student’s concern needs to move to the formal stage, the student should be directed promptly to the relevant procedure. They should be advised to complete the appropriate form, providing full details of the academic appeal (or complaint, where this is more appropriate) and any relevant documents or information. It is good practice to tell the student about any time limits for making the complaint or appeal and where and how to access advice and support, for example the students’ union.

If a student raises issues to their department informally, and the department agrees that clear procedural error has occurred on the part of the department, the department should email the Special Cases Manager to request approval to resolve the error outside of the appeals process.

If the Special Cases Manager does not feel that there has been a clear error, the student will be advised to submit a Formal Stage appeal.

7. Decisions which can be appealed

A student may submit an appeal against the following decisions by Boards of Studies, Boards of Examiners or Exceptional Circumstances Committees:

(i) Decisions reached as a consequence of assessment of a student's academic performance, including those relating to the outcomes for awards, pass/fail or processing of individual marks;

(ii) for research students only: that the degree for which the student was enrolled should not be awarded including where​, instead,​ the student should be required to resit an examination or to revise and resubmit a thesis or dissertation for re-examination for the award or for a lesser award, and against the conditions on which such permission is given;

(iii) decisions concerning student progression, programme transfer or leave of absence (in the case of programme transfers students may only appeal on the basis of procedural irregularity in the process, not against an admissions decision made by a department, which is an academic judgement);

(iv) a recommendation that a student's enrolment should be terminated on the grounds that the student is academically unsatisfactory, other than where triggered by failure of the programme or failure to progress;

(v) other decisions concerning requirements of professional or regulatory bodies in relation to the Policy on Fitness to Practise;

(vi) decisions regarding Exceptional Circumstances Affecting Assessment.

A student may also appeal against:

(vii) a decision taken by Special Cases not to uphold recommendations to grant leave of absence, repeat study, programme extensions or other exceptions to programme specifications and enrolment requirements that fall under Special Cases remit;

(viii) a decision of a Standing Committee on Academic Misconduct Investigatory Panel (StAMP).

Some decisions against which appeals may be made are expressed as recommendations from the Board concerned to Special Cases. This does not affect the procedures to be followed.

8. Grounds on which an appeal may be made

8.1 The following will be considered as grounds for appeal against a decision of a Board of Studies or Board of Examiners:

• (i) Exceptional circumstances: in order to have an appeal upheld on the basis of exceptional circumstances, a student must have both:
• (a) Evidence of valid exceptional circumstances at the time of the affected assessments(s); and
• (b) Evidence that they could not have disclosed these circumstances prior to, or at the time of, the affected assessment(s).
• (ii) Procedural Irregularity: In order to have an appeal upheld on the basis of procedural irregularity, a student must establish both:
  • (a) That parts of the documented assessment procedure were not applied; and
  • (b) That this procedural irregularity, which has disadvantaged the student, was significant enough to have materially affected the decision or recommendation made, rendering it unsound.

8.2 The following will be considered as grounds for appeal against a decision of an Exceptional Circumstances Committee:

• (i) That the University Exceptional Circumstances procedures were not followed properly;
• (ii) Relevant new evidence exists that could not reasonably have been brought to the attention of the Exceptional Circumstances Committee within the deadline for submission of evidence.

8.3 The following will be considered as grounds for appealing a decision of a Standing Committee on Academic Misconduct Investigatory Panel (StAMP)

• i) The Academic Misconduct procedures were not followed;
• ii) The StAMP reached a decision that was not reasonable in all the circumstances;
• iii) New evidence is available which could not reasonably have been brought to the attention of the StAMP at the time of its investigation;
• iv) That there was prejudice or bias during the academic misconduct process and this can be proven or there are grounds to support a reasonable perception of prejudice or bias;
• v) The penalty imposed by the StAMP was disproportionate or not permitted under the Academic Misconduct procedures.

8.4 A student may appeal against a decision of Special Cases only on the basis that the Progress Case Policy procedures were not followed properly and that this procedural irregularity, which has disadvantaged the student, was significant enough to have materially affected the decision or recommendation made, rendering it unsound.

8.5 A student may, in exceptional circumstances, appeal on the basis of a disability that was not mitigated at the time of the assessment. Students are not expected to bring such cases to appeal more than 28 days after the decision against which they are appealing has been made. Additionally, for the appeal to be upheld, the student would need to demonstrate that they could not reasonably have been expected to obtain a diagnosis, or otherwise become aware of the disability, at an earlier time.

• i) Matters of academic judgement of a Board of Studies, Board of Examiners or individual. Students are not permitted to argue the academic merits of their work. A student's assertion that the result unfairly reflects the merit of their work or their ability is not a ground of appeal.
• ii) Disagreement with the actual mark awarded for a piece of assessed work except where grounds can be established above. If a student wishes to have clarification about a mark received for an individual assessment or module they are advised to contact their department or module convenor directly.
• iii) Any matters relating to circumstances affecting study which could have been raised before the meeting of the Board of Examiners.
• iv) Perceived shortcomings in tuition, supervision or support. Concerns relating to the quality of teaching or supervision, or other circumstances that relate to the delivery of a programme of study should be raised under the Complaints Process before the point of assessment or the submission of a thesis or dissertation. Cases where complaints are upheld and there has been a clear impact on an academic outcome may lead to an academic conclusion eg allowing a student a further attempt at an assessment.
• v) On the basis that they disagree about the way in which exceptional circumstances were considered, unless there is clear evidence that the defined procedures were not followed by the Exceptional Circumstances Affecting Assessment Committee.

9. Overview of Appeals Process

The appeals procedures consist of a Formal Stage and a Review Stage.

Students have 28 calendar days (from the date they are formally notified of the decision against which they wish to appeal) to submit an appeal. The Special Cases Manager can permit an extension to this deadline where good reason is presented.

Where a student is dissatisfied with the outcome of an appeal to the Formal Stage, they have 10 calendar days to submit an appeal against the Formal Stage decision to the Review Stage.

Students cannot raise new issues at the Review Stage.

Both Stages of the appeals procedure should normally be completed within 90 calendar days. Students can also expect to receive an initial consideration decision within 42 days (see section 14).

Appeals will not be considered by individuals who have previously made decisions in respect of the case. For example, if a Case Officer rejects an appeal at the Formal Stage, a different Case Officer will be assigned to the Review Stage appeal.

10. Lodging an appeal

Students wishing to exercise their right of appeal against a decision must submit a Formal Stage academic appeal using the online form within 28 calendar days of being notified of the recommendation or decision against which they wish to appeal.

The key issues of the appeal must be explained in a clear, coherent and concise manner.

The form should be fully completed, accompanied by supporting evidence, and identify the outcome sought by the student. The appeal must be substantiated by evidence, including evidence of any attempts to resolve issues informally with the Department.

Documentary corroborative evidence of the circumstances cited in the appeal should be submitted with the form. Otherwise, an indication should be given of the timescale in which the evidence will be submitted. See section 11 below for evidence requirements.

Where the issues raised in an appeal affect a number of students, those students may submit a ‘group appeal’. In such cases, the group may be asked to nominate one student from the group to act as the group representative. The University will then normally communicate with the representative only and will expect the representative to liaise with the other members of the group.

Appeals by third parties are not normally accepted. Only a student about whom a decision has been made can lodge an appeal against that decision. Any rare exceptions to this rule must be agreed by the Special Cases Manager and can only be agreed on the basis that the student is incapable of managing their own appeal at the time or in the near future (for example due to incapacity). There must be clear evidence to demonstrate that the student is incapable of handling the appeal on their own behalf. In such cases, students may be supported by members of staff from York SU Advice and Support.

The University operates a policy concerning communications in relation to academic appeals. This outlines the position in relation to communications with third parties, what is deemed as unacceptable behaviour in communications with staff in relation to appeals, and the University's approach to handling unacceptable communications concerning appeals. The Policy on Communications in relation to academic appeals and formal complaints should be read in conjunction with this procedure document.

Should a student wish to request any adjustments on the basis of a disability which will enable them to access the procedure effectively, please contact Special Cases by emailing appeals@york.ac.uk.

11. Evidence

The appeals process is an evidence based process. Appeals are very rarely upheld without supporting evidence. Students can upload supporting evidence with their appeal form, and/or submit evidence later.

It is the student’s responsibility to obtain the evidence – this will not be done for them by the University. Students will not be chased for evidence if they fail to provide it. If students do not provide evidence with their appeal and do not explain why, their appeal will be rejected.

If a student is unsure what evidence might be appropriate, they may wish to seek advice from staff at York SU Advice and Support. Students can also make use of the guidance available on the Appeals Pages.

11.1 Exceptional Circumstances Evidence

If a student is appealing on the basis of exceptional circumstances, the evidence they submit in support of their appeal must:

1. Be from an independent and relevantly-qualified third party professional.
2. Give direct confirmation of their circumstances and the impact on their ability to engage with work in general, or assessment tasks in particular, at the time of the assessment(s) they are appealing in respect of.
3. Indicate the period of disruption and duration of impact. A doctor, for example, may be willing to report a retrospective account given to them by the student after the event, but in itself this does not carry weight as evidence if the doctor simply notes that a student reports the impact. Similarly, the University’s Open Door Team is only able to provide the type of evidence required when a student has used, or is currently using, the services provided by the team to address the circumstances.
4. In the event that the professional concerned did not see the student at the time of the assessment but believes that their condition would have prevented them from engaging not only with assessment, but also with professional support services, evidence can still be considered. The professional’s evidence in such a case would need to explain the extent to which the circumstances would have prevented engagement with professional services.
5. The evidence submitted must also refer to the student’s ability to engage with the exceptional circumstances process at the time of those assessments. In some cases, where the circumstances are sufficiently severe, it may be possible to infer good reason from the evidence submitted.
6. Evidence must be provided in English or, where the original evidence is in a different language, with a translation by an independent professional third party into English. Translations by students will not be accepted.

11.2 Procedural Irregularity Evidence

Evidence to support a procedural irregularity will vary depending on the nature of the alleged irregularity. Appropriate evidence to support a procedural irregularity claim might include copies of email correspondence between the student and their department demonstrating their efforts to clarify whether an error has occurred. If they are able to, it may be helpful to quote the relevant sections of the University’s Regulations or Procedures, indicating which the student believes have been breached.

12. Consideration of Formal Stage Appeals

Appeals are considered in the first instance at the Formal Stage of the appeals process. The Formal Stage consists of two parts (A and B below):

Part A – Initial Consideration 

The Case Officer reads the appeal and supporting documents/evidence.

The Case Officer or Special Cases Manager can immediately uphold the appeal on the basis that: i. A clear procedural irregularity has occurred which has placed the student at a disadvantage; ii. Exceptional circumstances have been presented, supported by clear evidence from an independent third party professional, and uncontentious good reason for having failed to declare the circumstances at the appropriate time has also been presented and evidenced; iii. A previously undiagnosed disability has been evidenced for which adjustment has not been made, and the student has not been at fault for any delay in diagnosis and/or adjustment having been made. The student may be informed by email to ensure the outcome is communicated to them as soon as possible.

The Case Officer or Special Cases Manager can dismiss the appeal without further consultation or investigation at this point on the following grounds:

1. That the student has not included enough relevant information on the appeal form for the officer to understand what is being appealed against and/or what the basis for the appeal is intended to be. This may include failing to cite important dates, such as dates of assessments, where these are necessary to understand the appeal case.
2. That the form has not been used to submit the appeal, ie supplementary statements have been submitted in place of the appeal form. Where additional statements are submitted in addition to the form, to overcome the character limits or provide information not requested by the form, these will not be read. Exceptional reasons for submitting additional or alternative statements will be considered where clear explanation has been provided for this, for example on the basis of disability or where the case is sufficiently complex for it to be impossible for it to be summarised within the character limits on the form, and where this has been agreed in advance with the Special Cases team by email to appeals@york.ac.uk.
3. That supporting evidence has not been provided and:
   a) No explanation has been given for the absence of supporting evidence;
   b) An explanation has been given for the absence of supporting evidence but this is not considered to be adequate;
   c) A date has been set by the student to provide evidence, but this date has passed without any evidence being provided and no agreement has been reached between student and case officer for this evidence to be provided at a later date.
4. That the appeal is not submitted by the deadline, and no explanation has been provided, or an explanation has been provided but the Case Officer/Special Cases Manager does not consider that the reason given justifies the late submission of the appeal.
5. That the appeal does not fall within the grounds on which an appeal may be made (ie no exceptional circumstance or procedural error has been cited).
6. That the appeal is against a decision which cannot be appealed against, ie the decision type is not listed as one which can be appealed against in the Appeal Procedures. Where the issues raised are more appropriately handled under a different procedure, such as the Complaints Procedure, the appeal can be referred to that procedure directly by the Special Cases Team.
7. That at first sight, no case exists to uphold the appeal (meaning that even if true, the circumstances stated would not amount to grounds, or the evidence provided does not prove what the student says it does).

In cases where an appeal is submitted without evidence but there is an indication on the form that this will be provided, the 90 calendar days for resolution of the appeal will not start until that evidence is provided, the student has subsequently indicated that they are not going to provide it, or the evidence is not provided in the timeframe outlined by the student in the appeal and the student does not make further contact regarding the evidence.

If a case is dismissed on the basis of 1. to 7. above, the student will be informed of the decision in writing. A clear explanation will be given and the student will be advised of their right to appeal to the Review Stage. The student will also be informed that no new issues should be raised at the Review Stage of the appeals process.

Part B – Investigation and Consideration

The Case Officer reads the appeal and supporting documents/evidence and determines that further information is required in order to make a decision on the appeal.

The Case Officer therefore investigates the appeal. As part of the investigation the Case Officer may identify possible remedies with the department in the event that the appeal should be upheld.

Following investigation, the Case Officer or Special Cases Manager may:

1. Uphold the appeal on the basis that:
   i. A procedural irregularity has occurred which has placed the student at a disadvantage;
   ii. Exceptional circumstances have been presented, supported by clear evidence from an independent third party professional, and uncontentious good reason for having failed to declare the circumstances at the appropriate time has also been presented and evidenced;
   iii. A previously undiagnosed disability has been evidenced for which adjustment has not been made, and the student has not been at fault for any delay in diagnosis and/or adjustment having been made; or
2. Partially uphold the appeal (ie uphold the appeal on the basis of only one of the appeal grounds cited or in respect of some assessments cited but not others); or
3. Reject the appeal on the basis that the grounds for appeal have not been met.

Students will be informed of the decision in writing. A clear explanation will be given and the student will be advised of their right to appeal to the Review Stage. The student will also be informed that no new issues should be raised at the Review Stage of the appeals process.

13. Consideration of Review Stage Appeals

Students who are dissatisfied with the outcome of their appeal at the Formal Stage have 10 calendar days from the date of the Formal Stage Appeal Outcome letter to appeal to the Review Stage. Students must submit a Review Stage appeal form in order to appeal against the outcome of the Formal Stage appeal.

13.1 Students may only appeal to the Review Stage on the following grounds:

1. a) The student can evidence that the procedures outlined in this document were not followed at the Formal Stage of the appeals process. The student must provide a specific example of this procedural irregularity;
2. b) The student is able to submit new evidence which they must have a good reason for not presenting at the Formal Stage of the Appeals process;
3. c) The student can demonstrate that the decision made at the Formal Stage was a decision which no reasonable person would find comprehensible. Disagreement with the decision does not make it unreasonable. To apply on this ground the student must provide substantive argumentation as to why no reasonable person could have arrived at the decision that was made.

Students cannot raise new issues at the Review Stage that have not been raised at the Formal Stage.

Where students have submitted supplementary statements instead of, or in addition to, the Review Stage Appeal Form, these will not normally be considered. Exceptional reasons for submitting additional or alternative statements will be considered where clear explanation has been has been provided for this, for example where this is on the basis of disability or where the case is sufficiently complex for it to be impossible for it to be summarised within the character limits on the form, and where this has been agreed in advance with the Special Cases team by email to appeals@york.ac.uk.

13.2 Review Stage Appeals Consideration

Where a student appeals against a decision made by a case officer at the Formal Stage, a different case officer will be assigned to handle the appeal at the Review Stage.

The Case Officer reads the Review Stage appeal and supporting documents/evidence and determines whether further information is required in order to make a decision on the appeal.

If the case officer does not believe the appeal merits investigation, they will ask the Special Cases Manager, Deputy Head, Deputy Director or Director of Student Administration and Academic Affairs or their nominee to make an initial consideration decision on the Review Stage appeal.

13.3 Initial Consideration at Review Stage

The Special Cases Manager, Deputy Head, Deputy Director or Director of Student Administration and Academic Affairs or their nominee can reject a Review Stage appeal without investigation (initial consideration) on the following grounds:

1. That the Review Stage appeal has not been submitted by the deadline, and no explanation has been provided, or an explanation has been provided but the decision maker does not consider that the reason given justifies the late submission of the appeal.
2. That the form has not been used to submit the appeal, ie supplementary statements have been submitted in place of the appeal form. Where additional statements are submitted in addition to the form, to overcome the character limits or provide information not requested by the form, these will not be read, although the content on the appeal form will be read and considered on its own merits. Exceptional reasons for submitting additional or alternative statements will be considered where clear explanation has been provided for this, for example on the basis of disability or where the case is sufficiently complex for it to be impossible for it to be summarised within the character limits on the form, and where this has been agreed in advance with the Special Cases team by email to appeals@york.ac.uk.
3. That the appeal has been made on the basis of new supporting evidence but that evidence has not been provided and:

• • a) No explanation has been given for the absence of the new supporting evidence;
  • b) An explanation has been given for the absence of the new supporting evidence but this is not considered to be adequate by the decision maker;
  • c) A date has been set by the student to provide the new supporting evidence, but this date has passed without any evidence being provided and no agreement has been reached between the student and case officer for this evidence to be provided at a later date.

4. That the appeal does not fall within the grounds on which an appeal to the Review Stage may be made. Where the issues raised are more appropriately handled under a different procedure, such as the Complaints Procedure, the appeal can be referred to that procedure directly by the case officer.

5. That, based on the Formal Stage appeal documentation, the Review Stage appeal form and any new evidence or information presented by the student, no case exists to uphold the appeal (ie no evidence has been presented of any procedural irregularity having taken place at the Formal Stage of the process; no new evidence has been provided, or the new evidence does not add anything new to the case; there is no new information to indicate that the decision taken at the Formal Stage was unreasonable in all the circumstances).

6. That an entirely new issue or set of circumstances has been raised at Review but no good reason for failing to raise this at the Formal Stage has been presented, and there are no other valid grounds for appeal at Review.

If the Special Cases Manager, Deputy Head, Deputy Director or Director of Student Administration and Academic Affairs or their nominee has made a decision at the Formal Stage of the appeals process, they will not make the decision at the Review Stage of the appeals process.

In cases where an appeal is submitted without evidence but there is an indication on the form that this will be provided, the 90 calendar days for resolution of the appeal will be paused until that evidence is provided, the student has subsequently indicated that they are not going to provide it, or the evidence is not provided in the timeframe outlined by the student in the appeal and the student does not make further contact regarding the evidence.

If a case is dismissed on the basis of 1. to 6. above, the student will be issued with a Completion of Procedures letter, setting out a comprehensive explanation as to why their appeal has been rejected, and advising them of their right to appeal to the Office of the Independent Adjudicator.

13.4 All Other Review Stage appeals

The Case Officer reads the Review Stage appeal and supporting documents/evidence and determines that further information is required in order to make a decision on the appeal.

In cases where an investigation is carried out at the Review Stage, the case officer will present the findings of that investigation to the student who is appealing, with the option of submitting comments within a defined time-frame. Those comments will then be considered by the Review Stage decision maker.

After investigation, the Special Cases Manager, Deputy Head, Deputy Director or Director of Student Administration and Academic Affairs or their nominee, considers the appeal submission and evidence, the further information obtained as part of the investigation, and the response provided by the student, and decides:

1. To uphold the appeal and apply a remedy;
2. To request the Case Officer investigates the appeal further;
3. To dismiss the appeal.

In the case of 1) above, the student will be issued with a Review Stage Appeal outcome letter. Because this is a new decision, students retain the right to appeal against it to the Review Stage. This is effectively a review of the Review Stage decision and for this reason the Review Stage procedures are applied. This means that appeals against a Review Stage decision must be made within 10 calendar days of the date of the Review Stage Appeal Outcome letter, and can only be made on the basis of a), b) or c) above. Appeals against a new outcome at Review Stage will be considered by an appropriate member of staff who has not previously had involvement in the case.

Where a case has not been upheld at Review Stage, no further right of appeal exists within the University. A Completion of Procedures Letter is issued to the student, detailing the outcome of each stage of the appeals process and advising of their right to complain to the OIA.

No further right of appeal exists within the University beyond the Review Stage.

In the case of a positive outcome at Review Stage, the student will not automatically be issued with a Completion of Procedures letter (instead they receive a Review Stage Outcome letter). However, they may request a Completion of Procedures letter.

14. Notification of outcome

The University aims to resolve appeals within 90 calendar days from the date of submission of the appeal to the Formal Stage.

The University aims to make initial consideration decisions on Formal Stage appeals within 42 calendar days of submission. This means that students should be updated on the status of their Formal Stage appeal no later than 42 days after submission. By 42 days after submission of the appeal, students will normally either be advised that their appeal requires investigation, or they will receive a Formal Stage outcome.

If a student intends to submit evidence but has not provided that evidence at the time of submitting the appeal, the time between submission of the appeal and receipt of the evidence will not be counted towards either the 42-day timeframe for an initial consideration decision, or the 90-day resolution time.

In some cases it is necessary to exceed the 42-day Formal Stage initial consideration deadline, or the 90-day resolution time for the full process. Other occasions where it may be necessary to extend the 90-day resolution time include (but are not limited to) cases where: a complaint is being considered simultaneously and it is judged necessary to await the outcome of the complaint before resolving the appeal; procedural reasons prevent resolution of the case, for example, if appropriate members of staff who have not had previous involvement in considering the case are not immediately available.

The initial consideration process and/or the full appeal process may also take longer than 42 calendar days/90 calendar days to resolve where the appeal is submitted around the Christmas period when the University is closed, or at particularly busy times of year for the Special Cases.

The University requires several weeks of advance notice before the August resit period so there is time to set up resit exams. As a result, students submitting appeals in June or July should not expect to be offered resits in the August resit period. The most likely remedy in such cases is to be offered a leave of absence for the next academic year or to be offered repeat study.

Students cannot progress to the next academic year until they have passed the preceding year, e.g. students must pass stage 2 before progressing to stage 3. This means that any student appealing against failure in summer should not expect to progress to the next academic year in the same autumn - eg failure in summer 2024 will mean a student cannot progress to the next academic year in autumn 2025.

At the end of the Formal Stage, students will be informed of the decision in writing.

Students who subsequently appeal to the Review Stage will be issued either with a Review Stage Outcome letter or, where an appeal is not upheld at Review Stage, a Completion of Procedures letter.

15. Withdrawal of Appeal

A student can withdraw their appeal at any point in the process by email appeals@york.ac.uk marked “Withdrawal of Appeal”. Once the appeal has been withdrawn, it cannot be reinstated.

16. Correspondence

All correspondence from the University in relation to Student appeals shall be sent to the student’s University of York email address, which will be kept open for the duration of their appeal and short period after. It is a student’s responsibility to monitor their email account, including all their junk email folders, for information from the University regarding their appeal.

17. Confidentiality

The University will keep details of student appeals and any responses to it confidential, except where the disclosure is necessary to progress their appeal or implement a decision on the appeal, or where it is required by law.

If a student has particular concerns about the information they intend to submit in support of their appeal being shared, they may email appeals@york.ac.uk to request that, if their appeal is investigated, the relevant department/school should only be provided with the minimum information possible regarding those circumstances.

Information about student appeals may be used anonymously to improve services for students.

18. The Office of the Independent Adjudicator

Students who have exhausted the University’s internal appeals procedures but remain aggrieved may be able to make a complaint to the Office of the Independent Adjudicator for Higher Education. Further information about the OIA is available on the OIA website: www.oiahe.org.uk.