Has anyone actually had a successful academic appeal?

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drinkupretty
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I failed an essay in year 2 of my nursing degree. I have a diagnosis of dyslexia. My support plan states that lecture slides must be put up on blackboard at least 24 hours before the lecture. This didn't always happen. Earlier in the year I had a formal complaint upheld due to the lecturers not always uploading the slides. The outcome was that I was told module leads would be reminded to put up slides before the lectures. The module where I failed the essay also failed to do this 100% of the time, 25% of the slides were either added after the lecture or not at all.

The module specific guidance for the essay was incomplete in parts with empty brackets and sentences which made no sense. I had a similar issue with the feedback on my first essay attempt.

Another issue is that I was told due to my dyslexia I would not be marked down for spelling and grammar errors, but these were commented on by the person marking the essay, though it is not clear if this lost me marks.

I have evidence for all of these issues so do you think I might be successful in appealing? I hear that so few are successful that I am worried it will be turned down.
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petertyerman
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yes they can be successful and you sound like you have a very good case although they will argue that you should have raised it earlier. However the equality act is clear it is the courses responsibility to ensure that all reasonable adjustments are in place it is not yours . You will need to do some homework start with https://www.equalityhumanrights.com/...iders-guidance this tells you what the University or college has to do and is much more than they like you to believe. I assume you're getting extra one-to-one tuition extra support extra time in exams and extra time for written assignments all our reasonable adjustments . The module guidance was incomplete then this is a great a disadvantage to a dyslexic student so would also be discriminatory. Do not be put off if they initially attempt to derail the appeal as sometimes you may need to take it to a second level to ensure the disability support are part of the appeal panel. This should be the case all the time but it is often ignored. Once the appropriate sections of the equality and human right's guidance and stick to your guns. They are discriminating all the adjustments are not in place to back this up quote South Staffordshire
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petertyerman
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<br> sorry chopped off case
South Staffordshire & Shropshire Healthcare NHS Foundation Trust v Billingsley UKEAT/0341/15/DM
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drinkupretty
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(Original post by petertyerman)
yes they can be successful and you sound like you have a very good case although they will argue that you should have raised it earlier. However the equality act is clear it is the courses responsibility to ensure that all reasonable adjustments are in place it is not yours . You will need to do some homework start with https://www.equalityhumanrights.com/...iders-guidance this tells you what the University or college has to do and is much more than they like you to believe. I assume you're getting extra one-to-one tuition extra support extra time in exams and extra time for written assignments all our reasonable adjustments . The module guidance was incomplete then this is a great a disadvantage to a dyslexic student so would also be discriminatory. Do not be put off if they initially attempt to derail the appeal as sometimes you may need to take it to a second level to ensure the disability support are part of the appeal panel. This should be the case all the time but it is often ignored. Once the appropriate sections of the equality and human right's guidance and stick to your guns. They are discriminating all the adjustments are not in place to back this up quote South Staffordshire
Thank you, you have been very helpful. If I do need to take it to stage 2 there are only set grounds I can appeal under. These are:
[ul]
[li]that there was a procedural irregularity at Stage 1 of the Academic Appeals Procedure which has materially disadvantaged the student;[/li]
[li]the emergence of new and relevant evidence which, for good and reasonable cause, was not available during Stage 1;[/li]
[li]that evidence is available to show that the outcome reached at an earlier stage was unreasonable.[/li]
[/ul]
If they try to say I should have brought it up earlier and do not acknowledge discrimination, under what grounds would I be appealing for stage 2?
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User8612
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You will probably also have to explain why insufficient access to lecture slides is relevant for your performance on an essay. Essays should be based on independent research, not lecture slides. What is the substantive feedback on the essay?
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drinkupretty
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(Original post by User8612)
You will probably also have to explain why insufficient access to lecture slides is relevant for your performance on an essay. Essays should be based on independent research, not lecture slides. What is the substantive feedback on the essay?
There were issues with this feedback. There were parts of the feedback which made no sense for example one part says "The brief asks for some p a iscussed on the political and societal drivers" I have no idea what the marker meant by this.
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Muttley79
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(Original post by drinkupretty)
There were issues with this feedback. There were parts of the feedback which made no sense for example one part says "The brief asks for some p a iscussed on the political and societal drivers" I have no idea what the marker meant by this.
Have you asked the Student Union for support?
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User8612
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(Original post by drinkupretty)
There were issues with this feedback. There were parts of the feedback which made no sense for example one part says "The brief asks for some p a iscussed on the political and societal drivers" I have no idea what the marker meant by this.
Then your first step should be asking the lecturer to clarify the feedback, surely? If you don't then you are just giving the university reasons to reject your appeal!
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Reality Check
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(Original post by drinkupretty)
I failed an essay in year 2 of my nursing degree. I have a diagnosis of dyslexia. My support plan states that lecture slides must be put up on blackboard at least 24 hours before the lecture. This didn't always happen. Earlier in the year I had a formal complaint upheld due to the lecturers not always uploading the slides. The outcome was that I was told module leads would be reminded to put up slides before the lectures. The module where I failed the essay also failed to do this 100% of the time, 25% of the slides were either added after the lecture or not at all.

The module specific guidance for the essay was incomplete in parts with empty brackets and sentences which made no sense. I had a similar issue with the feedback on my first essay attempt.

Another issue is that I was told due to my dyslexia I would not be marked down for spelling and grammar errors, but these were commented on by the person marking the essay, though it is not clear if this lost me marks.

I have evidence for all of these issues so do you think I might be successful in appealing? I hear that so few are successful that I am worried it will be turned down.
I think an appeal will be highly unlikely to succeed. You'd need to show direct causation between the ?few occasions the slides weren't uploaded in time and your failure at the coursework. You'd have to look at the reasons why you failed the coursework and the feedback from your markers to see if this could fly.
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petertyerman
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Descrimination is against the law and therefore alway unreasonable and a procedural irregularity.
Do not concentrate on the lack of slides but use it and anything else you have like incomplete example full assessment of needs. Normaly if failing the first assumption should be failure to make adequate adjustment and that is the universities responsibility . Only if the can show that ALL reasonable ajustments requested or not are in place and effective than can a failure be acceptable without descriminating. You are requesting a first sit retake when all adjustments are in place.

The Equality ACT is clear "Education providers should therefore not wait until a disabled person approaches them before they give consideration to their duty to make reasonable adjustments. They should anticipate the requirements of disabled students and the adjustments that may have to be made for them. Failure to anticipate the need for an adjustment may create additional expense, or may render it too late to comply with the duty to make the adjustment. Furthermore, it may not in itself provide a defence to a claim of a failure to make a reasonable adjustment." and
"The duty to make reasonable adjustments is not a minimalist requirement of simply ensuring that some access is available to disabled students; it is, so far as is reasonably practicable, to approximate the access enjoyed by disabled students to that enjoyed by the rest of the student body. The purpose of the duty to make reasonable adjustments is to provide access to an education as close as is reasonably possible to the standard normally offered to students at large."
and the Universities are bound by the act and therefore foollowing applies weather they like it or not to set a different standar of proof woulf be indirect descrimination see below
"Burden of proof 15.32
A claimant or pursuer alleging that they have experienced an unlawful act must prove facts from which a court could decide that such an act has occurred.
s136 15.33
A court will usually hear all of the evidence from the claimant or pursuer and the defendant or defender before deciding whether the burden of proof has shifted to the defendant.
15.34
If a claimant or pursuer has proved facts from which a court could conclude that there has been an unlawful act, then the burden of proof shifts to the defendant or defender. To successfully defend a claim, the defendant or defender will have to prove, on the balance of probabilities, that it did not act unlawfully. If the defendant or defender’s explanation is inadequate or unsatisfactory, the court must find that the act was unlawful."
Thus in law if you can show that lack of any adjustment could have caused the failure the University is obliged to find it did unless they can show it did not.
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petertyerman
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Descrimination is against the law and therefore alway unreasonable and a procedural irregularity.
Do not concentrate on the lack of slides but use it and anything else you have like incomplete example full assessment of needs. Normaly if failing the first assumption should be failure to make adequate adjustment and that is the universities responsibility . Only if the can show that ALL reasonable ajustments requested or not are in place and effective than can a failure be acceptable without descriminating. You are requesting a first sit retake when all adjustments are in place.

The Equality ACT is clear "Education providers should therefore not wait until a disabled person approaches them before they give consideration to their duty to make reasonable adjustments. They should anticipate the requirements of disabled students and the adjustments that may have to be made for them. Failure to anticipate the need for an adjustment may create additional expense, or may render it too late to comply with the duty to make the adjustment. Furthermore, it may not in itself provide a defence to a claim of a failure to make a reasonable adjustment." and
"The duty to make reasonable adjustments is not a minimalist requirement of simply ensuring that some access is available to disabled students; it is, so far as is reasonably practicable, to approximate the access enjoyed by disabled students to that enjoyed by the rest of the student body. The purpose of the duty to make reasonable adjustments is to provide access to an education as close as is reasonably possible to the standard normally offered to students at large."
and the Universities are bound by the act and therefore foollowing applies weather they like it or not to set a different standar of proof woulf be indirect descrimination see below
"Burden of proof 15.32
A claimant or pursuer alleging that they have experienced an unlawful act must prove facts from which a court could decide that such an act has occurred.
s136 15.33
A court will usually hear all of the evidence from the claimant or pursuer and the defendant or defender before deciding whether the burden of proof has shifted to the defendant.
15.34
If a claimant or pursuer has proved facts from which a court could conclude that there has been an unlawful act, then the burden of proof shifts to the defendant or defender. To successfully defend a claim, the defendant or defender will have to prove, on the balance of probabilities, that it did not act unlawfully. If the defendant or defender’s explanation is inadequate or unsatisfactory, the court must find that the act was unlawful."
Thus in law if you can show that lack of any adjustment could have caused the failure the University is obliged to find it did unless they can show it did not.
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gamerhi
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I have written and advised others with many successful appeals - if you need any advice - let me know.
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drinkupretty
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Thanks for the replies. My appeal what upheld.
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Muttley79
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(Original post by drinkupretty)
Thanks for the replies. My appeal what upheld.
Great news Good luck with the rest of your studies.
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paul514
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(Original post by petertyerman)
Descrimination is against the law and therefore alway unreasonable and a procedural irregularity.
Do not concentrate on the lack of slides but use it and anything else you have like incomplete example full assessment of needs. Normaly if failing the first assumption should be failure to make adequate adjustment and that is the universities responsibility . Only if the can show that ALL reasonable ajustments requested or not are in place and effective than can a failure be acceptable without descriminating. You are requesting a first sit retake when all adjustments are in place.

The Equality ACT is clear "Education providers should therefore not wait until a disabled person approaches them before they give consideration to their duty to make reasonable adjustments. They should anticipate the requirements of disabled students and the adjustments that may have to be made for them. Failure to anticipate the need for an adjustment may create additional expense, or may render it too late to comply with the duty to make the adjustment. Furthermore, it may not in itself provide a defence to a claim of a failure to make a reasonable adjustment." and
"The duty to make reasonable adjustments is not a minimalist requirement of simply ensuring that some access is available to disabled students; it is, so far as is reasonably practicable, to approximate the access enjoyed by disabled students to that enjoyed by the rest of the student body. The purpose of the duty to make reasonable adjustments is to provide access to an education as close as is reasonably possible to the standard normally offered to students at large."
and the Universities are bound by the act and therefore foollowing applies weather they like it or not to set a different standar of proof woulf be indirect descrimination see below
"Burden of proof 15.32
A claimant or pursuer alleging that they have experienced an unlawful act must prove facts from which a court could decide that such an act has occurred.
s136 15.33
A court will usually hear all of the evidence from the claimant or pursuer and the defendant or defender before deciding whether the burden of proof has shifted to the defendant.
15.34
If a claimant or pursuer has proved facts from which a court could conclude that there has been an unlawful act, then the burden of proof shifts to the defendant or defender. To successfully defend a claim, the defendant or defender will have to prove, on the balance of probabilities, that it did not act unlawfully. If the defendant or defender’s explanation is inadequate or unsatisfactory, the court must find that the act was unlawful."
Thus in law if you can show that lack of any adjustment could have caused the failure the University is obliged to find it did unless they can show it did not.
Pretty awesome reply here
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Kat.racoon
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HI! Can you help me with my appeal?
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NAHUABIA
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Hello,

Can anyone please help me with an appealing format, I was pressured and told I will be kicked out of the program because I said am not fit to write an exam, I requested a new date because the time was impromptu. Also, I did say that the material was too voluminous and can not cover it within the time frame of the exam. I was sent an email on the 17th to write the exam on the 28th. The only advice I got was to apply for extenuating circumstances which the deadline to apply was the 11th of September and the email was communicated to me on the 2nd of October. so I was not properly adviced or supported by the university on what I should do or how to seek support if I was not ready for an exam rather was only told to discontinue.
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User8612
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(Original post by NAHUABIA)
Hello,

Can anyone please help me with an appealing format, I was pressured and told I will be kicked out of the program because I said am not fit to write an exam, I requested a new date because the time was impromptu. Also, I did say that the material was too voluminous and can not cover it within the time frame of the exam. I was sent an email on the 17th to write the exam on the 28th. The only advice I got was to apply for extenuating circumstances which the deadline to apply was the 11th of September and the email was communicated to me on the 2nd of October. so I was not properly adviced or supported by the university on what I should do or how to seek support if I was not ready for an exam rather was only told to discontinue.
What exactly is the background to this situation?
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NAHUABIA
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(Original post by User8612)
What exactly is the background to this situation?
Am a second-year Mental Health Nursing student, I was told to discontinue my program because I failed one module (36/40). I was not properly advised on the consequences rather wanted me to take a time off which I was not ready for. I specifically made the cohort leader know that I was not fit for the exam, but she insisted I must write it, or it will be considered a fail and I will be thrown out of the program. Now the exam board has had their meeting and has advice I discontinue but can appeal their decision within 10 working days from the 6th of November 2018. I need to fight this because is not appropriate after paying £9,250 2hich is a loan from student loan company you want to kick student out just for the sake of 4 marks.
All other of my grades are absolutely fine and was passed but this particular module was fixed at the time was on clinical placement and was on a night shift, I had to come in from a night shift with all that tiredness to write the exam even when I repeatedly made them aware that am not fit for the exam because I have been on placement and have not had time to revise. And the placement is a task as a student I need to complete.
I have a 2-year-old son, whom I must care for and several domestic responsibilities which the university ignored and still persuaded me to go and write the exam.
I have evidence of my email correspondence with the cohort leader and my personal tutor. I feel I was not properly advised and supported by the university.
Finally, I have a medical note from my GP advising them to allow me more time when writing my exam due to my anxiety and processing ability.
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Petetyerman
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Conract student support who should advise on how to appeal .
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