Academic Appeals and Complaints Procedure - Newman University ...

2.3 Complainants and appellants are required to be truthful and courteous at alltimes during the process particularly when preparing cases and talking to thePanels. Documentation and other information as required should besubmitted promptly.2.4 Complainants or appellants with disabilities can ask the Clerk to the AcademicBoard (Academic Appeals) or the Registrar/ University College Secretary(Complaints) to make adjustments to the process to accommodate anyreasonable need.The University College has established different procedures to deal with academic appealsand complaints and these are outlined in this document.Academic Appeals and Complaints 2011 2

6 Office of the Independent AdjudicatorStudents who remain dissatisfied with the final outcome of the Academic AppealProcess may make a complaint to the Office of the Independent Adjudicator forHigher Education. This is a free service to students and details can be found on theOIA website www.oiahe.org.uk or by writing to the OIA at:OIAThird Floor, Kings Reach38-50 Kings RoadReadingRG1 1LXAcademic Appeals and Complaints 2011 5

Complainants who find it impractical to attend a Hearing in person may elect tomake a written case only. In those circumstances, the Panel will not see any of theparties and a decision will be made based on the submitted documentation only.Where the same complaint has been made by more than one person, complainantsmay nominate one spokesperson to attend on the behalf of all.After hearing all parties and considering all the submissions, the Panel will uphold,partially uphold or reject the findings of the original investigation. Where the Panelbelieves the complainant to have been disadvantaged by the actions of theUniversity College, it may request action to resolve matters which could include anaward of financial compensation normally limited to an amount of £100.The Panel may also refer the subject of the complaint for action under theDisciplinary Procedures if that is considered appropriate.The decision and management notes of the Hearing will be sent to the student andthe subject of the complaint within 10 working days of the end of the Hearing. Boththe complainant and the subject of the complaint have the right of appeal againstthe decision of the Complaint Panel.6 The Role of the FriendThe complainant, subject of the complaint or any witness may bring with them a‘friend’ who may accompany them in front of the Panel. The ‘friend’s role is one ofsupporter only but he/she may speak with the permission of the Chair. The ‘friend’is normally expected to be a fellow student, member of the Students’ Union, aworkplace companion or a family member. Any complainant or subject of thecomplaint may bring a solicitor or trade union representative as their ‘friend’ if theygive 5 working days notice to the Registrar and University College Secretary who willobtain the prior permission of the Chair and notify the other parties in the complaint.7 Reconsideration by an Appeal PanelNotification to make an appeal against the judgement of the Complaint Panel shouldbe sent to the Registrar and University College Secretary within 25 working days ofthe issue of the decision. An appeal may be made on the following bases:Availability of new evidence which was unavailable to the Complaint Panel.Procedural error in the hearing by the PanelThe decision reached by the Panel was unreasonable in the light of the factsCompensation or the action to resolve the complaint was inadequateAppeals which are not based on the acceptable grounds will be dismissed.When a written statement of appeal outlining the basis of the appeal and restatingthe resolution sought has been received, the Registrar and University Secretary willarrange for the matter to be considered by an Appeal Panel. The Chair of theComplaint Panel will prepare a response to the appeal which will be sent to thecomplainant.When the cases have been received, the Appeal Panel will meet to consider thewritten appeal and the Chair’s response together with all the documentationAcademic Appeals and Complaints 2011 8

accumulated during the complaint process and will review the case. The AppealPanel will consist of two members of the Newman Management Group and anexternal governor and will normally be chaired by the Principal. All members willhave had no previous association with the complaint. Where the original complainthas been made against a member of the University College’s Directorate, at least twoexternal members of the Board of Governors will be invited to sit on the AppealPanel. Neither the Complainant nor the Chair of the Complaint Panel is invited toattend the Appeal Hearing.The Appeal Panel will uphold, partially uphold or reject the findings of the ComplaintPanel. Where the findings of the Complaint Panel are not upheld, the Appeal Panelmay impose its own decision on all parties. If the Appeal Panel believes the studentto have been disadvantaged by the actions of the University College, it may requestaction to resolve matters including the award of financial compensation. The Panelmay also refer the matters for action under the Disciplinary Procedures if that isconsidered appropriate.The findings of the Appeal Panel are final and will complete the Complaint process.The decision of the Appeal Panel and the management notes will be sent to thecomplainant within 10 working days. A letter of completion of procedures will also besent where appropriate.Research students studying for a research degree validated by the University ofLeicester may additionally make a complaint to that organisation.8 Office of the Independent AdjudicatorStudents who remain dissatisfied with the outcome of the Complaint Process maymake a complaint to the Office of the Independent Adjudicator for Higher Education.This is a free service to students and details can be found on the OIA websitewww.oiahe.org.uk or by writing to the OIA at:OIAThird Floor, Kings Reach38-50 Kings RoadReadingRG1 1LXThe Office of the Independent Adjudicator is not able to deal with complaints whichrelate to admissions to Higher Education or from the general public.Academic Appeals and Complaints 2011 9