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Appeal against a decision to discontinue your registration under the Formal Warning Procedure


 

Your registration has been discontinued under the Formal Warnings Procedure

The information on this page relates to a decision by the University to discontinue your registration under the Formal Warning Procedure (section 24 of the Academic Taught Regulations).  This is likely to be due to poor attendance or lack of engagement, and you will have received two Formal Warnings before the decision was confirmed.

Grounds of Appeal:

  1. There is evidence of a failure to follow the procedures set out in Section 24 of the Academic Taught Regulations which might cause reasonable doubt as to the fairness of the decision; (‘Procedural irregularity’)
  2. Fresh evidence can be presented which you could not with reasonable diligence have disclosed before the decision to discontinue your registration was made and which might cause reasonable doubt as to the fairness of that decision; (‘Fresh Evidence’)

Quick links

What is the ‘Fresh Evidence’ Ground of Appeal

If you have additional information and/or evidence which was not taken into account by the Pro Vice-Chancellor when the decision to discontinue your registration was made, you may appeal on this ground. 

 

However, when your First and Second Formal Warnings were issued you would have had the opportunity to disclose information about any circumstances which impacted your ability to attend and engage with your programme.  You will need to explain in your appeal why you could not have provided this information or evidence in response to the Formal Warnings.  You will also need to provide evidence of your reasons. 

 

The following reasons are not acceptable and will not result in an appeal being upheld:

  • You were unaware of the need to provide this information or evidence at an earlier stage of the process.
  • You did not have any evidence available to demonstrate your circumstances
  • You did not realise the seriousness of the Formal Warning process
  • You did not engage in the earlier stages of the Formal Warning process
  • You did not want to disclose your circumstances for privacy or cultural reasons
  • You did not realise that your circumstances had affected you until your registration was discontinue.

What is the ‘Procedural Irregularity’ Ground of Appeal

The Formal Warning procedure is set out at Section 24 of the Academic Taught Regulations (and in the Research Degree regulations for Postgraduate Research students).  The University takes careful steps to ensure that the Regulations are followed in full, so that the process is fair and transparent, and students have every opportunity to disclose circumstances affecting their attendance and engagement and seek support.  Discontinuation of registration is a last resort.

 

If you think that the procedure has not been followed according to the regulations, or that something has happened which has led to an unfair decision, you may appeal on this ground. 

 

You will need to explain clearly what aspect of the procedure has not been followed, or why you have not been treated fairly.

What should I include in my appeal

The online form will guide you through the appeal application process.  Your appeal form is your opportunity to fully explain your reasons for appealing and provide all the information you would like taken into account. In exceptional cases we may contact you for clarification, but do not assume that you will have a further opportunity to make your case

 

Please try to explain your reasons for appealing as clearly as possible as this will help the Academic investigation team to understand and investigate.

 

You will be asked to provide:

  • Your contact details
  • Date of the decision to discontinue your registration
  • Ground(s) of appeal
  • Relevant information about your appeal – please explain as much background and context as possible, as this will help us to understand your point of view
  • Your desired outcome
  • Evidence to support your appeal. 

 

Fresh evidence ground of appeal

Please explain why you were not able to disclose your circumstances and/or evidence at the time the Formal Warnings were issued.

 

Procedural irregularity ground of appeal

Please identify the irregularity or error you believe has occurred

 

 

What Evidence should I include with my appeal

You will need to submit evidence of your circumstances, or any procedural irregularity you are raising.   You should provide anything relevant upon which you rely and depending on the circumstances of your appeal this might include emails, medical evidence, travel or legal documentation. 

How do I submit my appeal

Please complete the Word document which you can download by following the link at the bottom of this page.

How will my appeal be investigated

Your appeal will be investigated by a member of the Academic Investigations team, who is known as the Investigating Officer. The Investigating Officer will first decide whether or not:

  • Your appeal has been received within the deadline;
  • the issues you have raised fall under the appeals procedure;
  • you have given enough information and provided enough evidence to investigate.

 

If your appeal cannot be fully investigated for any reason, it will be dismissed and a Completion of procedures letter will be issued immediately.

 

If the Investigating Officer is able to proceed with an investigation, they will begin by establishing the facts and which University regulations, policies or procedures apply. They may contact other areas of the University including your School/Department, the Disability & Neurodiversity and/or the Wellbeing Service.  We may need to share information about your appeal, but please be assured that the information will be treated as confidential by all members of staff and will not be shared more widely than necessary.

 

Once the facts of the case have been fully established and the information and evidence obtained have been analysed, a decision will be made about whether you meet any of the grounds of appeal, and you will be notified of this decision.  You will receive a 'Completion of procedures' letter which will explain the facts, relevant considerations and conclusions of the investigation. This will be emailed to your University email address and any other email address you provided on your appeal form.  If you have nominated a representative, the letter will be copied to them too. Please ensure that you check your email accounts regularly.

 

  • If your appeal is not upheld, the original decision will stand and your registration remains discontinued.
  • If your appeal is upheld, the outcome letter will explain what this means for you, and what will happen next.

When will I receive an outcome

We aim to deal with appeals within two months of receipt, but this is not always possible at busy times of the year.  If we are not able to meet this timescale we will keep you updated.  While your appeal is under consideration the original decision remains in effect.

I am not satisfied with the outcome to my appeal, what can I do next

An appeal against discontinuation under the Formal Warning Procedure is the final stage of the University academic misconduct procedure and there is no review stage for this type of appeal.  Once your appeal is decided you will receive a Completion of Procedures letter. After this the University will not discuss or consider the matter further and if you believe that your concerns have still not been addressed you can ask for your case to be reviewed by the Office of the Independent Adjudicator for Higher Education (OIA).

 

The OIA is an independent body which will review student complaint and appeal decisions.  They consider whether the University has correctly followed its procedures, and whether the outcome reached is fair. 

 

Your Completion of Procedures Letter will explain how to contact the OIA and provide the deadline by which your case must be referred to them for review.  This deadline will be 12 months from the date of the Completion of Procedures letter.

APPEAL FORM

Submit an appeal against discontinuation of registration under the Formal Warning Procedure

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