Regulation XVII

Scope of Regulation

1. This regulation shall apply to all students on taught programmes and should be read in conjunction with the Staff and Student Guides to Mitigating Circumstances. The Academic Registrar may waive any of the requirements of this regulation in the case of individual students. Any such waiver shall be reported to the next meeting of Senate.

2. In this regulation Dean of School shall be taken to include any nominee of the Dean of School agreed with the Academic Registrar and Academic Registrar shall be taken to include any nominee of the Academic Registrar.

Submission of Individual Mitigating Circumstances Claims

3. It is the right of every student who for any reason has missed part or all of a Module Assessment or whose performance in a Module Assessment has been affected by mitigating circumstances to notify the Academic Registrar of the circumstances in writing, using the appropriate online form, with supporting evidence where available.

4. For each Semester and for the University’s Special Assessment Period, the Academic Registrar shall set a deadline for submission of all relevant mitigating circumstances claims.

5. Subject to paragraphs 5.1 and 5.2, mitigating circumstances claims will not normally be accepted after the Module Leader has published Module Marks for any of the modules which could be considered:

5.1 However, claims relating to Module Assessments undertaken in Semester 1 will be accepted providing they are submitted by the deadline for mitigating circumstances claims set by the Academic Registrar at the end of Semester 2 of the same academic year, notwithstanding that the Module Marks will normally have been published by the Module Leader after the end of Semester 1.

5.2 The provisions in paragraph 5.1 do not apply where students’ marks have been considered at a Programme Board after the end of Semester 1.

6. Claims submitted after the appropriate deadline but before the relevant Mitigating Circumstances Panel meets will be considered by the Panel only where this is administratively feasible. Claims submitted after the deadline which are too late to be considered by the Mitigating Circumstances Panel will be disregarded and the student's only recourse will be the submission of an appeal under Regulation XIV.

7. The Academic Registrar may make a written submission to a Dean of School about any matter or circumstance which may have acted to the detriment of one or more students in any or all parts of an assessment.

8. On receipt of a submission in accordance with paragraphs 3 or 7 hereof, it shall be the duty of each Dean of School to ensure that the submission is given initial consideration by an appropriately trained administrator approved by the Academic Registrar. The Administrator will make a judgement about the validity of the claim based upon the information available and take one of the following actions:

8.1 Where the Administrator determines that the claim is clearly not valid, no action will be taken in respect of the claim in accordance with paragraph 13.

8.2 Where the claim is clearly valid and the action to be taken does not require academic judgement, the Administrator will decide upon the action to be taken in accordance with paragraphs 11 to 12.

8.3 Refer the claim to the relevant Mitigating Circumstances Panel for consideration in all other cases.

Mitigating Circumstances Claims and Student Disciplinary Procedures

9. Where a student is suspended, excluded or otherwise subjected to disciplinary procedures in accordance with the provisions of Statute V and/or Ordinance XVII, claims for mitigating circumstances relating to the disciplinary process shall only be considered should the student be subsequently found not guilty of the alleged offences.

Mitigating Circumstances Panels

10. Each School shall normally convene panels prior to the end of each Semester and at the end of each Special Assessment Period. The Dean of School shall ensure that Panels are convened prior to the relevant Programme Boards. The Panel shall consist of at least three internal examiners, one of whom shall act as Chair.

Consideration of Mitigating Circumstances Claims

11. When an Administrator or a Mitigating Circumstances Panel determines that a claim is eligible for consideration, and it is reasonable to conclude that the student’s performance would have been impaired by the circumstances described, they must take one of the following permitted actions, subject to paragraph 12 where they are a non-finalist.

11.1 Administrators are permitted to take any of the following actions:

1. 1. Where the student was taking the module on a first attempt basis, permit the student to repeat any or all parts of the module assessment on a first attempt basis;
   2. Where the student was taking the module on a second attempt basis, permit the student to repeat any or all parts of the module assessment on a second attempt basis;
   3. Where the student has submitted an assessment within 7 days after the relevant deadline and the student did not request an extension due to their circumstances, permit the insertion of the relevant mark for the piece of assessed work without penalty.
   4. Where the Administrator concludes that an academic judgement is required or where concerns arise, such as the validity or volume of claims from an individual, refer the claim to the relevant Mitigating Circumstances Panel for further consideration.

11.2 Mitigating Circumstances Panels are permitted take any of the following actions:

1. 1. Take any of the actions permitted to Administrators described under paragraph 11.1;
   2. Increase any of the student's component marks;
   3. Substitute an alternative component mark derived from appropriate sources.

12. Where the student is a non-finalist, the normal decision will be that the student is permitted to repeat any or all parts of the module assessment on a first or second attempt basis in accordance with paragraphs 11.1.1 and 11.1.2 or, where the provisions of paragraph 11.1.3 apply, to permit the insertion of the relevant mark for a piece of assessed work without penalty. In exceptional circumstances, the Mitigating Circumstances Panel may decide to substitute an alternative component mark and/or increase the student's component marks.

13. Where the Administrator or Mitigating Circumstances Panel determines that a claim is not eligible for consideration, or it is not reasonable to conclude that the student's performance would have been impaired by the circumstances described, it shall take no action in respect of the claim.