How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am a student, I was sitting my law exam in may and half way

Customer Question

I am a student, I was sitting my law exam in may and half way through my exam I suddenly felt extremely nauseous and ill - I am anaemic. I was dismissed and sent to hospital and encouraged to apply for mitigating circumstances by the invigilators of the exam. I applied for mitigating circumstances but they rejected my application at the preliminary stage as i apparently failed to show that my issues were unavoidable and unforeseeable. I had provided them with a hospital report which proved that I was actually ill. I explained to them that I did not know at all that I was going to fall ill during this exam. Had i known, i wouldn't have attended. I want to appeal but as I have now been academically withdrawn due to failing that exam because I didn't finish it I now can't gain advice off my university. Could you please advise me as to what legal rights I may have that I could argue when I appeal and what evidence I will need?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the appeal criteria?
Customer: replied 1 year ago.

Thank you.

It says the grounds for appeal are:

Permissible Appeals

A student may appeal against:



  1. the result of any investigation or action taken under the regulations referred to above; or



  1. the unconfirmed result of a module or assessment element, published under the authority of the Dean of Academic Affairs; or



  1. the unconfirmed result on the completion of a designated stage in a programme, published under the authority of the Dean of Academic Affairs.


Grounds for Appeal

A student may only appeal where:



  1. there is reasonable ground supported by authoritative and objective evidence to believe that there has been administrative or procedural error of such a nature as to have affected the outcome of the investigation or result; or



  1. the decision in the case was manifestly unreasonable; or



  1. there is new evidence that for good reason, objectively and authoritatively documented, could not be submitted earlier.

Expert:  Jo C. replied 1 year ago.
Ok. This doesn't fall on any of this categories.
Is there a criteria for mitigation? I will respond in the morning now.
Customer: replied 1 year ago.

They have asked me to prove that me blacking out during my exam was an unforeseen event. I was thinking that perhaps I could see my own doctor and get a note off her which states that blacking out is a situation which I have no control over, I am never aware when it is going to happen to me. And I was going to appeal on the ground that - new evidence has been submitted.

The grounds for mitigation are:





Stage 1: Submission of a Mitigating Circumstances Application




  1. A student may make an application where he or she believes that his or her assessment has been adversely affected by unforeseen circumstances beyond his or her control. Students may make such an application:




    1. (a) if the circumstances prevent the student from undertaking all or part of an assessment task;




    2. (b) subject to paragraph 44 above, if the assessment task is completed, but the student believes that the mitigating circumstances significantly and adversely affected the standard of work presented for assessment.





  2. To submit a mitigating circumstances application, students must complete the Mitigating Circumstances Form, no more than ten working days after the assessment took place or was due. Late applications will not be considered unless the student is able to prove that they were mentally or physically incapable of submitting an application within the prescribed time limit. Late applications need to be accompanied by authoritative and objective evidence which confirms that the student was incapable of submitting an application within the prescribed time period.




  3. The Mitigating Circumstances Form must contain or be accompanied by objective and authoritative evidence showing the time and character of the circumstances. Where appropriate, one Mitigating Circumstances Form may relate to several assessment tasks. Objective and authoritative evidence is original, signed documentation from an appropriate third party. Evidence should be proximate and relevant to the assessment or assessment period. If a document submitted as evidence is not in English, an independent translation must be provided.




  4. Students, taken ill during an assessment, are expected to notify the invigilator before leaving the venue to ensure that the time and nature of the illness is noted in the invigilation report. Students will also be required to seek medical attention on the day of the assessment or as close to it as possible if they feel their performance was adversely affected.




  5. Students may not apply for a concession as a result of technical or other problems (such as computer failure). The Director of Programmes may, however, accept these problems as reason to give a limited extension to an assessment deadline.




  6. The Mitigating Circumstances and Concessions Procedure is intended to cover circumstances which, though they may cover a period of time, are essentially transient, and do not prevent the student from continuing with the work of the programme.




  7. If a student is affected by serious ongoing circumstances (which may for example be medical, personal or financial) which appear unlikely to be resolved or significantly ameliorated within the timescale of the student’s assessment for a programme, the student may be advised to take a period of intermission.





page102image24760 page102image24920


Version 1.7- Page 102 of 212








MANUAL OF POLICIES AND PROCEDURES PART H: EXAMINATIONS AND ASSESSMENTS




page103image1240


14. The Concessions Officer shall keep a record of concessions applications






and grantedconcessions per student, and report concessions circumstances to the Mitigating Circumstances Panel.

Stage 2: Initial Consideration




  1. The application process is undertaken on a paper basis. The
    Officer, or nominee, will issue the candidate acknowledgement of receipt, which the candidate must retain as proof that a mitigating circumstances application has been lodged for consideration.




  2. The Concessions Officer will determine, within ten working days of receipt of the written application for a concession, whether the information provided by the student presents a prima facie case that satisfies the threshold conditions for a valid mitigating circumstances application




  3. To meet the threshold conditions for a valid concession, the application must:




    1. (a) be made in writing on the appropriate form, and bear all of the information requested on the form; and




    2. (b) clearly identify the unforeseeable and unavoidable mitigating circumstances; and




    3. (c) include evidence which is reasonably arguable. (A matter is reasonably arguable if it can be concluded by the Concessions Officer that in the specific circumstances what is argued is on ba***** *****kely to be logically sustainable); and




    4. (d) has been received within the time limits set in Paragraph 8 above.





  4. The Concessions Officer will inform the student in writing that either:




    1. (a) the concession application is rejected because it does not satisfy the threshold conditions for a valid concession as defined by Paragraph 16 above; or




    2. (b) that a prima facie case satisfying the threshold conditions for a valid concession has been established and the application will be referred for consideration to the Mitigating Circumstances Panel or the Dean of Academic Affairs, or nominee.





  5. The notification informing the applicant of a rejection of the concession application under Paragraph 18 (a) above, shall inform the applicant that they have the right to request a review of the decision by the Dean of Academic Affairs, or nominee within 5 working days. Such a review will only be undertaken where the applicant clearly states the reason(s) why the decision of the Concessions Officer is unsound. Failure to do so will constitute an invalid request for review by the Dean, or nominee, and will be dismissed without further consideration.




  6. Where a student has had their application rejected they may appeal to the Academic Appeals Board in accordance with the procedures set out in Part K, section 6 of this Manual of Policies and Procedures.







repeated




page103image24376


Concessions with an




page103image25168


Version 1.7- Page 103 of 212








MANUAL OF POLICIES AND PROCEDURES PART H: EXAMINATIONS AND ASSESSMENTS




page104image1216


21. For applications where a prima facie case has been established that satisfies the threshold conditions for a valid concession and these applications are supported by authoritative and objective evidence, the Dean of Academic Affairs, or nominee, may grant the application. All applications granted by the Dean, or nominee, will be reported to the next meeting of the Mitigating Circumstances Panel.

The Mitigating Circumstances Panel




  1. Where the Concessions Officer or the Dean of Academic Affairs, or nominee, has decided that a prima facie case satisfying the threshold conditions for a valid concession has been established but the application is not granted by the Dean of Academic Affairs or nominee, the mitigating circumstances application will be referred to the Mitigating Circumstances Panel;




  2. In advance of the Board(s) of Examiners, the Mitigating Circumstances Panel will be convened to consider student requests for consideration of mitigating circumstances affecting assessment.




  3. The purpose of the Panel shall be to:

    (a) ensure consistent treatment of mitigating circumstances across a range of programmes and across the schools of BPP University;

    (b) provide a confidential forum in which sensitive information may be considered, which need not then be revealed in full to the Board.




  4. The Mitigating Circumstances Panel shall be comprised of as many senior members of academic staff from across the schools of BPP University as the Education and Training Committee deem necessary to deal with the volume of considerations to be made by the Panel. The Panel shall be chaired by a dean of faculty or nominee, and include external members to provide independent advice. All members shall be voting members of the Panel, excluding the secretary.




  5. The Panel will not have access to the students’ profile of results, and will not make decisions about the outcomes or grades of assessment.




  6. The Panel shall be able to investigate the evidence and has the right to call for independent or expert advice, take evidence, examine witnesses, and make such other enquiries as it sees fit. The Panel is not bound to act under this provision, and the Chair of the Panel’s decision whether or how to act under this provision shall be final and the Panel shall not be bound to give reasoning.




  7. Where doubt exists as to the admissibility of evidence, the Chair of the Mitigating Circumstances Panel shall make a decision and the Chair’s decision shall be final and shall include reasoning for the decision.




  8. The Panel shall determine:

    (a) that no mitigating circumstances have been substantiated by the evidence provided to or gathered by the Panel, and that the students’ results be processed as normal; or





page104image25096 page104image25256


Version 1.7- Page 104 of 212








MANUAL OF POLICIES AND PROCEDURES PART H: EXAMINATIONS AND ASSESSMENTS




page105image1224



  1. (b) that mitigating circumstances have been substantiated by the evidence provided or gathered by the Panel, and that a concession be awarded voiding the assessment attempt, and the student be offered theopportunity to sit the assessment again at the next available opportunity; or




  2. (c) that mitigating circumstances have been substantiated by the evidence provided to or gathered by the Panel, and that a concession be awarded voiding the assessment attempt, and the student re-sit attempt at the assessment be processed in place of the voided attempt; or




  3. (d) that mitigating circumstances have been substantiated by the evidence provided to or gathered by the Panel, and that a concession be awarded accepting the assessment attempt as a valid ‘in time’ attempt; or




  4. (e) that mitigating circumstances have been substantiated by the evidence provided to or gathered by the Panel, and that a concession be awarded accepting the student for progression to the next




stage of the programme and the student be offered the opportunity to sit the assessment again at the next available opportunity.

29. The Chair of the panel shall write to the student within 10 working days to inform them of the outcome of their application.

Appeals

30. Where a student has their application rejected they may appeal to the Academic Appeals Board in accordance with the procedures set out in Part K, Section 3 of this Manual of Policies and Procedures.

Consideration by the Board of Examiners




  1. A confidential, written report of the concessions applications and the decisions determined by the Panel shall be made to the Chair of the Board of Examiners.




  2. Concession applications will be indicated against the student record for the relevant module(s) on the Board of Examiners’ grade sheet.




  3. The Board will receive the determination of the Mitigating Circumstances Panel but no details of the mitigating circumstances will be disclosed to it.





page105image18792 page105image18952 page105image19112





page106image1224


Monitoring, Evaluation and Review of the Mitigating Circumstances and Concessions Procedure




  1. The Dean of Academic Affairs, or nominee, shall provide an annual report to the Education and Training Committee summarising the cases that have been considered, the actions taken, a commentary on the effectiveness or otherwise of the procedures, and any recommendations for change.




  2. The effectiveness of the Mitigating Circumstances and Concessions Procedure must be monitored, evaluated and reviewed annually and a report made to the Academic Council through the Education and Training Committee.





Expert:  Jo C. replied 1 year ago.
Thanks. ***** need to know is what is the criteria?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice