Appeal against a Penalty Imposed for Academic Misconduct

Appeal against a Penalty Imposed for Academic Misconduct

The information on this page relates to a penalty for academic misconduct imposed by:

The Department Academic Misconduct Panel
The Pro Vice-Chancellor or nominee (serious or repeat offence)
The Pro Vice-Chancellor or nominee (Exam offence)

Appeals against a penalty for academic misconduct must be submitted within 15 working days of the date of the decision letter.

A finding of academic misconduct is the academic judgement of the Panel or the Pro Vice-Chancellor, and you cannot challenge the decision that misconduct has occurred. However, you may appeal against the penalty imposed on the following grounds:

There is evidence of a failure to follow the procedures set out in the Regulations on Academic Misconduct, or administrative errors which might cause reasonable doubt as to the fairness of the decision; (‘Procedural irregularity’)
That fresh evidence can be presented which you could not with reasonable diligence have disclosed before the decision was made and which might cause reasonable doubt as to the fairness of that decision; (‘Fresh Evidence’)
The decision was perverse given the evidence which was available at the time (‘Perverse decision’)

Quicklinks

What is ‘Academic Judgement’ and why can’t I appeal against it

The decision that academic misconduct has occurred has been considered carefully by the Department Academic Misconduct Panel or the Pro Vice-Chancellor, and providing it is based on evidence and the correct procedure has been followed, the finding of misconduct is an academic judgement which cannot be appealed.

‘Academic judgment’ is defined by the Office of the Independent Adjudicator (‘OIA’) as ‘a judgment that is made about a matter where only the opinion of an academic expert is sufficient’. This is because, providing a decision has been made in accordance with the procedure set out in the regulations, an academic has the requisite knowledge and understanding of the subject-matter to determine whether misconduct has occurred.

You may therefore only appeal against the penalty imposed on your work.

What is the ‘Procedural Irregularity’ Ground of Appeal

The Academic Misconduct procedure is set out in the regulations on Academic Misconduct. 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 represent themselves.

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 is the ‘Fresh Evidence’ Ground of Appeal

If you have additional information and/or evidence which has not already been considered by the Academic Misconduct Panel or the Pro Vice-Chancellor, you may appeal on this ground. However, you had the opportunity to disclose mitigating circumstances at the Academic Misconduct Panel meeting and, if relevant, as part of the penalty consideration by the Pro Vice-Chancellor. You will need to explain in your appeal form why you could not have provided this information or evidence at an earlier stage of the academic misconduct process. 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 academic misconduct process
You did not engage in the earlier stages of the academic misconduct 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 you received a penalty for academic misconduct

What is the ‘Perverse decision’ Ground of Appeal

The Academic Misconduct Panel or Pro Vice-Chancellor will have considered a number of factors when deciding what is an appropriate penalty to apply in your case. These include: your stage of studies, the nature and severity of the offence, the range of penalty options available, any aggravating or mitigating factors, penalties applied in previous cases and the impact of the penalty.

If you consider that the penalty imposed is unjustified or unduly severe, or that relevant factors have not been accounted for in making the penalty decision, you may appeal on this ground.

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
Details of the decision appealed (including the date)
The module code/title (if relevant)
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.

What evidence should I include with my appeal

You will need to submit evidence of your circumstances, or of any procedural irregularity you are raising. If you are appealing on the ‘fresh evidence’ ground, you will need to explain why you could not have submitted this evidence at an earlier stage.

You must submit everything on which you intend to rely. Please do not indicate on your form that evidence can be obtained from a third party. Although we will make enquiries as necessary to investigate your appeal, we are not able to contact third parties to obtain evidence on your behalf, even if they are other University teams.

Documents must be in English and if the original document is not in English, please ensure it is accompanied by a certified translation. It is helpful if you explain clearly how each piece of evidence relates to your appeal.

We reserve the right to request the original of any document submitted in evidence and if you are not able to produce it, we may not be able to take it into account.

How do I submit my appeal

There is an online form and you will find a link to this at the bottom of this page.

How will my appeal be investigated

Your appeal will be reviewed on receipt to determine whether it meets the ground(s) of appeal and provides sufficient information to conduct an investigation. If it does not, or if it is submitted after the deadline, a Completion of Procedures letter will be issued. The letter will explain why the appeal cannot be taken forward for full investigation and how you can ask the Office of the Independent Adjudicator for Higher Education (OIA) to review the decision, if you wish.

If your appeal can be investigated the Investigating Officer will obtain the academic misconduct file and review the process which was followed before the decision and penalty were decided. The information and evidence you have submitted will be carefully considered and the Investigating officer will prepare a report for a Pro Vice-Chancellor (or their nominee) so that they can decide whether the appeal should be upheld or not. If the penalty decision you are appealing was made by a Pro Vice- Chancellor, a different senior academic will consider your appeal.

The report will set out the background, the allegation, the conduct of the process which resulted in the finding of academic misconduct and the penalty decision. It will also summarise your appeal and evidence. Finally, it will set out the general principles which are taken into account when a penalty is determined and point out if there are any deviations from the process or failure to consider relevant factors.

Once the Pro Vice-Chancellor has considered your appeal and decided whether or not it should be upheld, you will be informed in writing of the outcome and the reasons for the decision.

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.

What are the possible outcomes from my appeal

The Pro Vice-Chancellor (or their nominee) will consider the report prepared by the Investigating Officer and make a decision based on the options in the Regulations on Academic Misconduct, which are:

a) Amend or set aside the penalty decision;

b) Set aside the original decision and refer the case back to the academic misconduct panel or PVC for reconsideration;

c) Confirm the decision;

d) Convene an Appeals Committee to investigate the matter further through a formal hearing.

An appeal against a penalty for academic misconduct is the final stage of the University academic misconduct procedure and there is no review stage for this type of appeal. When confirming the outcome of the appeal you will receive a Completion of procedures letter which is based on the report reviewed by the PVC, and which includes their decision and the reason for it. If your appeal is not upheld, the original penalty decision will stand.

If your appeal is upheld appropriate action will be taken, depending on the reason for upholding the appeal. The PVC may make a different penalty decision, or the case may be returned to the original decision-maker for reconsideration of fresh evidence. If a procedural error has been identified it may be necessary to re-hold the academic misconduct panel. A full explanation for any action taken will be given in the Completion of Procedures letter.

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

An appeal against a penalty for academic misconduct 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 a penalty for academic misconduct

Find out more