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ReadyLaw
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Category: Law
Satisfied Customers: 712
Experience:  Adjunct Lecturer at University of Technology
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Thanks. I have appealed for an exam and my request was

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Hi. Thanks. I have appealed for an exam and my request was declined. Could you help me with this?
Assistant: What state are you in? It matters because laws vary by location.
Customer: Manchester, UK
Assistant: Has anything been filed or reported?
Customer: https://www.rcophth.ac.uk/examinations/appeals-procedure/. This is the procedure.
Assistant: Anything else you want the Expert to know before I connect you?
Customer: They read 5 as zero and I have failed the exam and did not want to review my paper and correct it

Thank you for your enquiry. Your matter has been referred to me to see if I may be of any assistance. I am currently reviewing your concern and will respond shortly. Please note that this site is for general information and educational purposes only and is not intended to constitute legal advice, nor does it establish a solicitor-client relationship.

Kind regards

RL

What is the reason given for their refusal?

Customer: replied 3 months ago.
Hi, have you had a chance to open the link I have sent? That is their "appeal procedure" and they said that there are no grounds for an appeal.
This is the official response" Dear Dr Cristian,
Thank you for your letter but I am sorry to say that it does not adhere to our appeals procedure as the sole grounds for appeal (1.1 in attached document) are that:There is evidence of a procedural irregularity in the conduct or content of the Examination or Assessment (including administrative error) which has adversely affected the candidate’s performance.
Please may I also draw your attention to point 1.3 in the attached appeals procedure document which states:1.3 Appeals will not be accepted on the grounds that a candidate:i. considers his or her efforts were under-marked;ii. did not understand or was unaware of the Examination or Assessment Regulations;iii. seeks to question professional or academic judgement.As no procedural irregularity occurred, we cannot proceed with this appeal. However, I will forward on your questions to the senior examiner, who may, at his discretion, offer you some feedback/advice.Thank you!

I apologise for the delayed response. I was away from the system.

I have reviewed the attached complaints procedure. What you have described to me does sound as though it sits within the rubric of procedural irregularity.

The difficulty however, is that the school's complaints procedure does not give much latitude for you to make further appeals once a decision has been arrived. Their decision unfortunately is final. Further, the external complaints procedure does not allow for the Board to consider appeals in relation to examinations.

Unfortunately it does not appear as though there is much room for you to make any further appeals in relation to the decision arrived at.

Customer: replied 3 months ago.
Thank you for your help.
So, from a legal point of view, there nothing that I can do in order to get an appeal? Because, it feels like there is no room for the candidates to contest their results in any way. We basically have no rights.,
Customer: replied 3 months ago.
If I hire a lawyer, would they not be able to do anything for me? I only need them to approve the appeal and change the interpretation of my handwriting and I have emailed them with no success
Customer: replied 3 months ago.
1. How are marks awarded for Retinoscopy stations?The marks for retinoscopy are awarded for your refraction only and this is performed completely objectively by a computer algorithm which analyses the residual refractive error i.e. that existing between your refraction answer and the correct refraction. Please note that the refractions for all retinoscopy, subjective refractions (sphere or cylinder) and the focimetry station in this examination are marked in this manner. However, not all are worth the same number of marks.Please note that the computer marking is performed after the OSCE is complete and NOT by the examiners present at the time of the OSCE.Please note that there is no mark in the retinoscopy stations for technique per-se. However, all examiners are expected to record feedback for the candidate e.g. candidates sometimes record a working distance which they clearly haven’t been working at.
Customer: replied 3 months ago.
This is what it says on the website, and challenging them is not challenging an academic decision but they don’t want to accept my appeal

Thank you for the additional information.

I apologise for the delayed response, I was away from the system.

Based on the information provided, as well as the university's regulation, it is apparent that you have exhausted their internal appeals process and there are no options left for you through the university to challenge their decision. I unfortunately am not privy to what was submitted to them to comment on whether you had set out in detail the basis on which the challenge was being raised.

That notwithstanding, I would strongly recommend that you seek to make an external complaint via the Office of the Independent Adjudicator. Please see below link with further information as to their complaint's procedure:

https://www.oiahe.org.uk/students/can-you-complain-to-us/

There mandate includes complaints including matters to do with examination procedures or simply procedural irregularity.

They are able to make practical solutions to a complaint. Some of which include, but is not limited to recommending that the school should

offer a fresh assessment opportunity

re-mark work following a different/correct procedure

give you the opportunity to redo the course

I do hope I have sufficiently answered your query . I would be grateful for your rating at this stage by clicking on the row of green stars at the top of the screen. Feel free to send me your follow on questions after your rating, if you still require clarification, I will still be able to respond to you.

Best wishes.

RL

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