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Student Handbook: The University and You

2014-2015

ii

Welcome to the University of Brighton It is a great pleasure for me to welcome you to membership of the University of Brighton, one of the largest and most successful universities in the South East of England. Since our mid-19th century origins we have grown to embrace work in art, design and humanities; business, law and social sciences; computing, engineering and life sciences; teacher education and sports science; and medicine and health – and we are continually innovating in the range of subjects and courses we offer.

Today, the university is a strong and distinctive institution with over 22,000 students and 2,600 staff. We perform consistently well in external assessments of teaching, research and professional, business and community relevance – and environmental performance. The university provides a stimulating, challenging and leading-edge knowledge environment for the discovery and testing of new ideas and the development of their application for economic and social benefit. We hope the time you spend here is both successful and enjoyable. The university takes

seriously its responsibility for sustaining a diverse academic and social community and it looks to you to play your part in making it an inclusive and caring place to study and work. The purpose of this handbook is twofold. Firstly, it sets out the formal relationship between the university and its students. We advise you to retain this information throughout your time in the university and particularly to note chapters 1, 2 and 3, which contain important information about the regulations by which you are expected to abide. Secondly, it helps you to find the information on the services that students of the university need. You should also go to studentcentral for teaching materials, information on student support, computing and information services. Finally may I, on behalf of myself and my colleagues, welcome you and wish you a happy and fulfilling career as a member of the university. Professor Julian Crampton DL Vice-Chancellor

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Contents The Student Charter

1

1 The University and You

2

1A Your responsibilities as a student 2 1 Rules and regulations 2 2 Engagement with your Studies 3 3 Academic Misconduct including Plagiarism 3 4 How we will communicate with you 3 5 Payment of fees 4 6 Insurance 4 7 Unicard 4 8 Health and Safety 4 9 Smoking 6 10 Intellectual Property 6 11 Data Protection

7

1B What you can expect from us 9 1 The University’s obligations 9 2 Changes to your programme 9 3 The University's liabilities 9 4 Placements 9 5 Guidance and Support 9 6 Assessment (including feedback), progression and award 10 7 Changing, intermitting or leaving your course 10 8 Access to facilities whilst intermitting from your course 11 9 Voicing your opinion 11 10 What to do if things go wrong

12

2 Examination and assessment

14

2A Examination and assessment regulations 14 1 Extensions to deadlines and how to apply for an extension 16 2 Mitigating circumstances and how to submit a claim for

mitigating circumstances 18

3 Learning Support Plans 21 4 Academic misconduct and how this is investigated 21 5 Examination room regulations 24 6 The process for requesting a review of an examination

board decision - an appeal 26

iv

7 Exclusion from the university on academic grounds other than failure at assessment

28

2B Using Turnitin at the University 30 2C External Examiners at the University

31

3 Complaints and Academic Appeals

32

3A Student complaints procedure 35 3B Appeals procedure 42 3C Academic appeals forms

63

4 Other regulations

67

4A Student Disciplinary procedure 68 4B Fitness to Practise Procedure 92 4C Library and Media Centre Rules 97 4D Information Systems Security and Information

Interception Policy 100

4E Students in debt to the university

104

5 Services for Students

108

1 Student Services 108 2 Partner College Students 109 3 Accommodation 110 4 Brighton Students' Union 110 5 Library, Computing and Media Services 112 6 Policy on acceptable behaviour in Information Services

Public Areas

113

6 Directory

114

7 Admissions, Academic Services and Finance Office locations and opening times

116

1

University of Brighton Student Charter The relationship between the University, its students and the Students’ Union is based on the principle of partnership: a relationship through which mutuality and interdependence in the learning process are emphasised and celebrated. This has as its principal goal the development of confident, independent researchers and professionals, fully capable of succeeding in their chosen vocations and as well-informed citizens. The Charter seeks to emphasise this partnership and to sustain it through a set of shared commitments and expectations, set out in the table below and embodied in the detailed policies, procedures and regulations of the University of Brighton accessible at www.brighton.ac.uk/studentcharter The University aims to: Students are expected to: The Students’ Union aims to: • Provide a stimulating learning

environment. • Give all students the right to be

represented in University Governance through the Students’ Union.

• Provide access to personal tutors and appropriate study support.

• Continuously seek to improve the quality of teaching, research and support services.

• Ensure appropriate and timely feedback on all coursework.

• Assess and mark work fairly, consistent with clearly stated learning objectives.

• Provide clear regulations, procedures, policies and information.

• Enhance personal development and employability skills and provide access to careers counsellors.

• Facilitate access to appropriate welfare, support and services.

• Foster an inclusive environment treating all with fairness, dignity and respect.

• Operate fair, accessible and timely processes for handling appeals, complaints and disciplinary matters.

• Encourage students to provide feedback on their university experience, and, where appropriate, act upon this. s

• Share responsibility for the

learning process, recognising the role of independence and self motivation in your studies.

• Engage fully with all learning activities, whether face to face or through e-learning.

• Attend and contribute to lectures, seminars or tutorials.

• Adhere to the standards of academic practice of your course.

• Reflect critically on feedback to improve your work.

• Comply with University regulations and procedures.

• Make arrangements for prompt payment of all fees and charges.

• Be pro-active in seeking appropriate advice and support in the event of difficulty whether academic or personal.

• Use opportunities to enhance personal development including extracurricular choices and volunteering.

• Treat university staff, other students and our neighbours with dignity and respect.

• Respect the University and local physical environment.

• Support student representatives and participate in the processes to select them.

• Provide information requested by the University and ensure that your records are current.

• Provide feedback on the University experience.

• Promote a sense of enjoyment

in all aspects of university life. • Work in partnership with

students and the University in maintaining a culture that promotes a critical and independent learning environment.

• Work with students and the University to ensure the financial support packages available are suitable and continue to meet the needs of students.

• Offer information, advice or representation to students through the SU Advocacy Service.

• Provide opportunities for all students to get involved in any part of the Students’ Union.

• Foster a caring inclusive environment for all students.

• Ensure the elected representatives, policies and actions of the Students’ Union reflect students’ needs.

• Provide support, training and resources to students and their representatives so that they may contribute effectively to the evaluation and enhancement of the university experience.

• Seek to ensure that Students’ Union and the University learn from the experiences of students.

1 The University and You

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1 The University and You

1A Your responsibilities as a student

1. Rules and Regulations

This Handbook sets out the main terms and conditions which form the basis of the relationship between you and the University. It also explains what is expected of you and what you can expect from the University. In order to keep this Handbook to a sensible length, we have to refer you to other documents which form part of your agreement with the University and can be found in the Student Handbook section of Studentcentral.

In particular you should refer to the regulations relating to Student Discipline (see Chapter 3) and the General Examination and Assessment Regulations for Taught Courses (GEAR) (note that an extract from GEAR containing the examination and assessment regulations are set out at section 2). Research students should also be aware of the “Code of Practice for MPhil, PhD and Professional Doctorates”. Your School will also provide you with detailed information about the academic arrangements for your course and may issue a Course or Module Handbook giving further details.

The following policies can be found on Studentcentral in the Student Handbook section:

• General Examination & Assessment Regulations for Taught Courses (GEAR)

• Equality and Diversity Policy

• Equality Objectives

• Student Bullying and Harassment procedure

• Harassment and Bullying Policy

• Learning and Teaching Strategy

• Academic, Personal Tutoring Policy

• Whistleblowing Policy

• Drug and Alcohol Policy

• Assessment Policy

• Data Protection Policy

• Mental Health Policy

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• Health and Safety Policy

• Sustainable Development Policy

• Esubmission Guidelines

• Tuition Fee Policy

As a student of the University you are responsible for making yourself aware of these policies and for abiding by them.

2. Engagement with your studies

You should engage with all learning activities which form part of your course, subject to absence only for medical reasons or other personal reasons agreed in advance with your Course or Subject Leader. You should also be aware that some courses and modules require a specific level of attendance which will be clearly stated in the module or course handbook.

Where your record of engagement is considered unsatisfactory, you will be invited to attend a meeting to discuss the issues. In the event that you do not attend this meeting, you will receive a further letter inviting you to a re-arranged meeting. If you do not attend this meeting, then you will be considered to have withdrawn from the course.

3. Academic Misconduct including Plagiarism

It is also important to make yourself aware of the regulations around academic misconduct, including plagiarism. Plagiarism is defined as the submission of work originated in sum or in part by someone else with or without their consent but without acknowledgement. Plagiarism Awareness guidance can be found on Studentcentral in the Student Handbook section. Plagiarism is an example of academic misconduct and as such would be dealt with under the regulations which can be found at section 2A (4) of this Student Handbook.

4. How we will communicate with you

The University may contact you by email using your university email address or by means of StudentCentral and you should therefore check both on a regular (at least daily) basis.

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5. Payment of fees

We expect you to make sure your tuition fees and any other expenses are paid. The tuition fees are as stated on the University Website or in the Prospectus as reviewed each academic year. Your attention is drawn to University’s Tuition Fee policy and the regulations covering “Students in debt to the University” in section 3F of this Handbook. If you formally fail an assessment, you will be liable to pay repeat tuition fees, subject to the exemptions set out in the University’s Tuition Fee policy. These tuition fees and other charges relating to your course do not cover fees payable for residential accommodation provided by the University or by a third party, which will be the subject of separate agreements.

6. Insurance

You should ensure that you have adequate insurance cover for your personal belongings (including mobile phones, electronic devices, computer equipment, cycles, motor vehicles) before coming to the university. Please note that the university cannot be liable for damage to or loss of such personal property.

7. Unicard

As part of the online enrolment process you will be asked to upload a photograph on Studentcentral to assist in producing your “UniCard” (further information on how to do this is available on Studentcentral). Your UniCard enables you to borrow books and other resources from University libraries and media centres. It can be used for identification at Sport and Recreation facilities and also for access control at the sports centre at Falmer, plus other buildings around the University. Cashless Catering will allow you to buy food and drink using our UniCard. Your UniCard can be used as identification for accessing services such as the free shuttle bus, and it can be used to claim certain discounts, such as discounted rail travel. For further information please visit http://UniCard.brighton.ac.uk

8. Health and Safety

The University of Brighton will, so far as is reasonably practicable, take all steps necessary to ensure the health, safety and wellbeing of all members of the institution, including staff, students and visitors, and will conduct its affairs in such a way as to protect everyone who may be affected by its activities.

You should be aware of the safety rules applying to buildings, your course or School; read the safety notices, School websites and studentcentral and know what to do in the event of a fire and be aware of at least two escape routes from your place of study or any other area you may occupy.

In addition students with either permanent or temporary mobility disabilities are recommended to provide information so as to enable the university to implement

1 The University and You

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personal emergency evacuation plans (PEEPs) and fulfil its obligations in relation to fire safety arrangements.

There are restrictions on bringing hazardous materials or substances onto university premises which could give rise to safety or security concerns e.g. flammable materials, gas canisters, pyrotechnics.

As part of your time at the university you are encouraged to participate in additional learning and volunteering opportunities, gaining new skills such as defibrillator training and CIEH Food Hygiene or Foundation Health and Safety qualifications. Such participation can enhance both professional practice skills, your CV and future employability. Further information is available from your school.

Schools will provide you with induction and training relating to health and safety appropriate to your course of study. This should include:

• fire evacuation

• accident prevention and reporting

(accidents should be reported to the member of staff in charge of the session

or to the nearest Site Manager’s office)

• safe use of materials / equipment

• any hazardous substances

• specific policies / safe working procedures

• risk assessments / safety precautions.

Everyone has a legal duty not to interfere or misuse anything that has been provided in the interests of welfare, or health and safety, and to co-operate with the university where duties are imposed under the Health and Safety at Work Act or other statutory provisions.

This includes avoiding silly or reckless behaviour and also taking positive steps to identify and understand hazards, paying particular attention to dangerous areas as well as residences. You are required to comply with safety rules and procedures, and thus ensure that nothing you do or fail to do will place yourself or others at risk. Students and staff are represented on the University Safety Committee. However, in the first instance any issues regarding health and safety should be reported to your course tutor / supervisor.

Further information relating to safety can be found on studentcentral in the Student Life section.

1 The University and You

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The university's disciplinary procedures may be invoked in the case of students breaking specific safety regulations. Failure to follow safety rules may also result in a criminal prosecution.

9. Smoking

The university has a legal obligation under health and safety legislation to maintain a smoke-free environment. Smoking is prohibited in all university buildings, including Halls of Residence, all university vehicles and private vehicles used to carry out university duties. The vast majority of staff and students in the university do not smoke and we have a duty to provide them with a smoke free environment. If you wish to smoke, you will only be permitted to do so in designated areas in the university grounds. These areas are clearly signposted and further information and maps are available. It is your responsibility to ensure that your smoke does not drift into buildings through doors and open windows.

You should be aware that it is a criminal offence to smoke in enclosed public areas (see smoking legislation introduced on July 1st 2007) and any student who breaks the law will be subject to disciplinary procedures and may also face criminal prosecution.

In support of national health and wellbeing objectives, advice will also be offered to staff and students wishing to give up smoking.

The use of e-cigarettes is also prohibited within and adjacent all University buildings and Halls of Residence.

Smokers can help support a clean and green environment by taking personal responsibility for the proper disposal of cigarette litter, restricting their smoking to designated zones and encouraging other smokers to adopt similar habits. Smokers should respect requests to use designated areas and remain polite and courteous at all times. Further information on our smoker’s responsibility charter and health can be found on studentcentral.

10. Intellectual Property (“IP”)

Students on undergraduate and postgraduate taught courses

What is Intellectual Property?

Intellectual Property is the term used to describe the outputs of your creative and intellectual endeavour, such as inventing a new process or product, composing a new piece of music or writing new software.

It can allow you to own things you create in a similar way to owning a physical property. You can control the use of your IP, use it to gain financial reward and prevent others from using your IP without your permission.

1 The University and You

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The four main types of IP are:

Copyright: protects material such as literature, art, music, sound recordings, films and broadcasts.

Designs: protect the visual appearance or eye-appeal of products.

Patents: protect the technical and functional aspects of products and processes.

Trade Marks: protect signs that can distinguish the goods and services of one trader from those of another.

Often, more than one type of IP may apply to the same creation.

Patents, registered trademarks and registered designs are protected through application to the patent office in the countries where you seek to protect your work.

Copyright and design right are known as unregistered rights where your legal rights arise automatically upon creation of the work. There is no need to file an application for protection.

Ownership of Intellectual Property generated by students at the University of Brighton

Any IP created by you during your course of studies belongs to you unless agreed otherwise in writing between you and the university. All students, however, grant the university permission to use their work or copies of their work (digital or otherwise) for academic, teaching and marketing purposes.

Please contact the Contracts and Intellectual Manager, ext 2368, if you have any specific questions relating to Intellectual Property.

11. Data Protection

The University of Brighton is notified as a data controller with the Office of the Information Commissioner, and collects and processes information about students for various teaching, research and administrative purposes. All such activity is governed by the Data Protection Act 1998 and students are entitled to have access to the records held about them to ensure accuracy and fairness.

Purposes for which information is held include:

• general university administration requiring personal and academic details

• management of academic processes such as academic audits, examination boards and award of degrees

• the management of university residences and university social events

• alumni operations, including fund-raising

1 The University and You

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• the provision of advice and support to students via, amongst others, Academic Services, Student Services and the Accommodation Service

• internal research, including monitoring quality and performance.

The university, via academic Schools, Academic Services and other ancillary departments, allows employees and agents of the university to access data on a strictly need-to-know basis. Student information is disclosed to a variety of third parties or their agents, notably:

• students' sponsors (including Local Authorities), the Student Loan Company, and funding and research councils

• Students’ Union

• Government departments including the Higher Education Statistics Agency (HESA) Further information is contained in the HESA Fair Processing Notices: http://www.hesa.ac.uk/collection-notices

• Department for Business Innovation and Skills (BIS).

• Council Tax Registration Officers

• current or potential employers of University of Brighton students

• current or potential providers of education to University of Brighton students (including placement providers)

• professional and statutory bodies.

The accuracy of personal information provided by students may also be checked by the University against relevant external sources. The University undertakes to maintain student data in secure conditions, and to process and disclose data only within the terms of its Data Protection notification. The details above indicate the nature of this notification but are not exhaustive. Please note that we are reliant on you for much of the data we hold: help us keep your record up-to-date by notifying us of any alterations to your address, personal details or course enrolments.

The University’s full data protection policy can be found at:

http://staffcentral.brighton.ac.uk/xpedio/groups/Public/documents/staffcentral/doc006938.pdf

Please contact the Legal Adviser, Mithras House, ext 2404, if you have any specific questions relating to Data Protection or for details of procedures relating to your rights as a data subject.

1 The University and You

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1B What you can expect from us

1. The University’s obligations

You can expect us to provide you with the tuition and learning support for your course with reasonable care and skill. We will make all reasonable efforts to deliver the course as described in the Prospectus for the relevant year. We will let you know as soon as possible if we need to alter anything related to your course such as timetabling, location, method of delivery, assessment, syllabus or examination and assessment regulations.

2. Changes to your programme

We reserve the right to alter the timetable, location, numbers of classes, method of delivery, content/syllabus and method of assessment of your programme, provided such alterations are reasonable. We have the right to withdraw your programme or combine it with others. In the unlikely event that the University discontinues or can no longer provide your programme, we will tell you at the earliest opportunity to enable you to withdraw or help you to make other suitable arrangements.

3. The University’s liabilities

Although we will promise to carry out our obligations to you as a student with all reasonable care and skill, you should be aware that we cannot be liable for factors outside our control including but not limited to industrial action, changes to government policy, changes to Higher Education funding. We shall not be liable for damage to or loss of motor vehicles’ cycles, property or computer equipment and would strongly advise you to have appropriate insurance.

4. Placements

The university will seek placements for students with partners in the South East region of England. The university’s placements staff provide a comprehensive package of support helping students find a placement, preparing for placement and ongoing support through the placement period, but the university is not liable for failure of placement providers or of placement providers to provide a suitable placement. Arranging travel to and from the placement is the responsibility of the student.

5. Guidance and support

There are many different ways to access the help and support you need whilst at university. This may relate to your academic studies and, dependent upon the way in which your individual school is organised, will come from a variety of sources and this will include course leader, course tutors or an allocated personal tutor.

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You can contact your Student Support Guidance Tutor (SSGT) as a first point of contact with any issues that relate to concern, personal and academic. Students in the Business School don’t currently have an SSGT and should contact their personal tutor. However, if you feel you need to discuss personal issues with someone entirely separate from your course, the Student Services department offers a confidential counselling service. For details of this and of other services the department provides, please see the information provided in section 4 of this handbook or visit the current students website http://www.brighton.ac.uk/current-students/index.aspx for comprehensive information on support available from the University, or http://www.brightonsu.com/support/academic_advice/ for support available from the Student Union.

6. Assessment (including feedback), progression and award

You have a right to information about the summative assessment of your programme of study and academic feedback about your work. For further information, refer to General Examination and Assessment Regulations for Taught Courses (GEAR Section B) and your Course Handbook (or course information).

Following an examination board, you will receive written notification of your assessment outcomes. This will normally be within five working days of the examination board.

You will receive a final transcript on completion of your studies at the University. Details of what is included on the transcript can be found in General Examination and Assessment Regulations for Taught Courses (GEAR Section B).

7. Changing, intermitting or leaving your course

If you are thinking about transferring to another course, taking some time out (intermitting) or withdrawing from university - for whatever reason – it is important to weigh up your options and seek advice before rushing into a decision. We would recommend you discuss your situation with a member of staff – this could be your personal tutor, your course tutor, staff in Student Services, the Students’ Union or if your School has one, the Student Support and Guidance Tutor.

If you are not sure where to start there is information online http://www.brighton.ac.uk/current-students/my-studies/withdrawing-or-transferring/index.aspx which may be able to help.

There are complicated rules surrounding future student loan or local authority funding, as well as University Fees so it is best to consider all of your options and any financial implications beforehand. Contact the Student Advice Service in Student Services [email protected] or by phone 01273 642888. They operate a drop in service at each site during term time – see

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http://www.brighton.ac.uk/current-students/contacts/advice-and-support-services/index.aspx for details

If you are an international student residing in the UK with a student visa and are considering changing or leaving your course, you are strongly advised to contact the international student adviser before committing to a decision.

8. Access to facilities whilst intermitting from your course

It may be that you have had to intermit from your course – this means that you have temporarily stopped studying on your course, for medical, personal or academic reasons.

If you wish to have access to university facilities whilst you are intermitting, then you must obtain authorisation for continued access from your course leader.

If you intermit your studies (or suspend your research registration) part way through the academic year, your tuition fee liability will be calculated as per the University’s Tuition Fee policy, which is available from the University’s website http://www.brighton.ac.uk/current-students/my-studies/student-policies-and-regulations/index.aspx?. You can check your liability with the Records and Fees Team: [email protected].

9. Voicing your opinion

The university respects and values the opinions of its students and you have the right to express your views about your course or other services you receive. Sometimes problems get worse if they are not addressed quickly and it is advisable to let the relevant person know as soon as possible. You can do this in a number of ways, depending on the nature of the issue.

1. General comments and issues relating to your course - if you want to raise general issues about your course you should contact your course leader, Head of School or personal tutor. Each course also holds Course Boards. These meetings are held regularly (usually once per term or semester) to discuss the general running of courses. Representatives will be elected from among the students on your course, to attend the Course Board and contribute the views and concerns of the student group. You should feel free to approach your Student Representative with items that you would like considered. Your School will contact you with details of elections for student representatives. See the Student Representative site on the Students’ Union website http://www.brightonsu.com/youdecide/ for more information about getting involved.

2. University Committees - there are a number of university committees that include student representatives in their memberships; there are usually one or two students per committee. Students are nominated to serve on these

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committees by the Students’ Union. Further information on the university’s committees and their memberships can be found at: https://staff.brighton.ac.uk/committees/Pages/Home.aspx

3. Getting your views on your learning experience - there are a variety of other ways in which your views on your learning experience might be sought by your course tutors. These might include questionnaires and evaluation forms provided for you to comment on particular elements of your course; regular meetings for you to discuss issues with staff; and special sessions run by staff from elsewhere in the university, for you to discuss your experience of learning and how you feel it could be improved.

10. What to do if things go wrong

The university recognises that students face many new experiences when they start university. The transition to university life can be exciting and daunting and bring new challenges, especially if you are living away from home. You may question whether you have chosen the right course or university or wonder whether study is right for you at the moment. Maybe it is not what you expected. These feelings are common, especially during the first term, but most students stay and graduate successfully, while a few change course and some leave.

If you are not satisfied with an aspect of your course or some part of university life which is within the university’s control, you should inform your personal tutor or course leader. Not all such problems can be resolved, but you are entitled to ask the university, through your tutor, whether any steps can be taken to resolve the situation. We hope that in the rare cases where there is a major problem it can be resolved with the minimum of fuss, as quickly as possible and to the satisfaction of the student, where reasonable. In almost all cases informal discussion can resolve problems.

Student services

Student services at the university also offer a broad range of confidential and non-judgemental support and advice services. Dedicated teams provide careers guidance, study support, counselling, medical facilities, student funding advice, and help with budgeting and debt and disability and dyslexia advice and support. All these services are provided on the university's campuses in Brighton, Eastbourne and Hastings.

For further details please see the information provided in section 4 of this handbook or visit the current students website http://www.brighton.ac.uk/current-students/index.aspx for comprehensive information on support available from the University.

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Students' Union

The University of Brighton Students' Union offer information, advice and support on issues that may affect your university experience or your relationship with the university, such as: mitigating circumstances, misconduct, plagiarism, appeals or complaints. For further information see http://www.brightonsu.com/support/academic_advice/

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2 Examination and assessment

2A Examination and assessment regulations

As a student of the University of Brighton you are expected to abide by these regulations and are responsible for making yourself aware of the information contained in this chapter.

All the qualifications awarded by the university (e.g. Certificates, Diplomas, Foundation degrees, Bachelor degrees, Master’s degrees) are governed by two related sets of regulations. These aim to ensure that all courses meet the required academic standard and that you are treated equitably and consistently with other students.

(i) General Examination and Assessment Regulations for Taught Courses (GEAR)

These are the overarching University regulations and provide the framework of rules for all university qualifications. GEAR can be found on studentcentral, in the Student Handbook area. From time to time some regulations change or new regulations are introduced. You can find out about these changes and whether they will affect your cohort from Studentcentral. http://staffcentral.brighton.ac.uk/xpedio/groups/Public/documents/staffcentral/doc012262.pdf

(ii) Course-specific regulations

These are regulations specific to your course and will be outlined in your Course Handbook. Course-specific regulations may differ from course to course, and where your course is accredited by a Professional, Statutory and Regulatory Body, additional rules may apply.

It is not possible to include all the relevant regulations in this Student Handbook, and your Course Handbook will include full details. In this section of the Student Handbook, we have included brief guidance on those university regulations of which you need to be particularly aware:

1 Extensions to deadlines and how to apply for an extension

2 Mitigating circumstances and how to submit a claim for mitigation

3 Learning Support Plans (LSPs) and how to present evidence of a disability or other protected characteristic

4 Academic misconduct and how this is investigated

5 Examination room regulations

6 The process for requesting a review of an examination board decision – an appeal

7 Exclusion from the university on academic grounds other than failure at assessment

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The guidance on the following pages is intended to provide a brief overview accompanied by diagrams, where appropriate, to illustrate the processes. You may wish to seek further advice from your Personal Tutor, Course Leader, Student Support and Guidance Tutor or the School Office.

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1 Extensions to deadlines and how to apply for an extension

An extension is granted in order that an assessment can be submitted as if on time, i.e. the deadline for students granted an extension is effectively put back to a later date. The key stages of the process are outlined below. For further guidelines about extensions to deadlines refer to GEAR.

Deadline for submission of work

• You are notified of the deadline for submission for each assignment that you are required to complete as part of your course. The deadline will normally be a stated time on a particular day.

Applying for an extension

• If you are affected by circumstances which are unforeseen and beyond your control, which mean that you will be unable to meet an assessment deadline you should complete an Application for extension to deadline form, ARGEAR 1. This is obtained from the School Office and should be submitted at least one full day before the published submission deadline (and sooner if possible).

• Supporting documentary evidence is required when applications are made. This should be evidence from an independent, professional source such as a doctor. If you are unable to provide such evidence with the form, you should provide it as soon as possible (no later than two weeks before the Examination Board meets).

• Extensions will not normally be granted for computer failure or paid employment commitments (see GEAR section B for a full list of grounds).

• If your application for an extension is successful you will be notified, as well as your assignment tutor.

• You must then submit your work on the agreed date.

Late applications for an extension

• Late applications may, on rare occasions, be made by telephone and approved provisionally on the subsequent presentation of documentary evidence in support of the claim.

What happens if I hand in work after the deadline but with no approved extension?

If you submit work after the deadline without an approved extension i.e. late then a penalty will be applied to the work. If you submit work within two weeks of the deadline (or the day before the published feedback date if this is shorter than 2 weeks) the mark for your work will be capped at the pass mark (40% for undergraduate and 50% for postgraduate) if you have passed, or your fail mark will stand. Where applicable the member of staff recording the late submitted work will attach an Identification of assignment submitted after the deadline form, ARGEAR 2 to the work. After 2 weeks you will not be able to hand in work and this will be a non-submission, with 0% recorded for the work.

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Extensions to deadlines flowchart

Date for submitting assignment notified

Course Tutor returns a copy of the form once a decision on the extension has been made

Submit your work on agreed date

If unable to meet the deadline, complete and submit form ARGEAR 1 (with supporting documentary evidence) to School Office at least one day before the deadline

Work submitted after the deadline with no agreed extension but within 2 weeks of deadline (or day prior to feedback date)

Work capped at pass mark (40% UG

or 50% PG or fail mark

Extension agreed

Extension not agreed

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2 Mitigating circumstances and how to submit a claim for mitigation

Where you consider that your performance in an assessment has been adversely affected by serious circumstances beyond your control (ie. unforeseen and unavoidable) and you wish the Examination Board to take this into account, you should complete a Mitigating Circumstances Form, ARGEAR 3, which is available from your School Office.

For further guidelines concerning mitigating circumstances and those circumstances which will normally be considered valid and those which will not, refer to GEAR. The key stages of the process are outlined below.

Submitting a Mitigating Circumstances Form

• Complete and submit a Mitigating Circumstances Form (ARGEAR 3), including independent documentary evidence from an independent, professional source (in a sealed envelope) by the date published in your School.

• It is your responsibility to ensure that your Mitigating Circumstances Form is submitted to the Chair of the Examination Board in good time1. If you are not in attendance at the university at that time, you are advised to send the form recorded delivery.

Remember, if you are taking a module from another School, the date for the submission of mitigating circumstances may be different from that of your home School.

Consideration of your claim for mitigation

The Course Examination Board will consider whether to accept or reject your claim. It will only consider cases where documentary evidence is provided. This evidence must be from an independent source; uncorroborated evidence from friends or family is not acceptable. If no documentary evidence is submitted, the Course Examination Board will not consider your case.

Claim for mitigation accepted

If your claim for mitigation is accepted, the outcomes include: repeating the assessment with no penalty known as a deferral; where work was submitted late (up to 2 weeks after the deadline for submission or the day prior to feedback if this shorter) the actual mark for the work is allowed to stand; or being awarded the full credit for the module under consideration.

1 If you are unable, for valid reasons, to submit a claim for mitigation until after the meeting of the Examination Board which considered performance in the affected module(s), you are entitled to submit an appeal under the provisions of GEAR. However, you should note that such appeals will only be permitted in exceptional circumstances.

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Claim for mitigation not accepted

If mitigating circumstances are not accepted by the Course Examination Board then, if you have not submitted or undertaken any assessment, a mark of 0% will be recorded, and if your work was submitted late (i.e. up to 2 weeks after the deadline for submission or the day prior to feedback if this shorter) the capped mark will stand.

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Please note: The presentation of fraudulent mitigation is an attempt to gain an unfair advantage and hence considered cheating. The university takes the submission of false evidence very seriously and action will be taken against any student who can be shown to have submitted a false claim.

Complete a Mitigating Circumstances Form ARGEAR 3 (include documentary evidence) and hand in to your School office by the date publicised by the School

Examination Board considers your claim for mitigating circumstances

Examination Board agrees the outcomes for the affected module(s), which may include repeating the assessment with no penalty

Examination Board agrees the outcome of assessment(s) whether undertaken or not and regardless of the claim for mitigation

Results published

Your Course Leader may notify you whether or not your mitigating circumstances were taken into account by the Examination Board in reaching a decision

Mitigating Circumstances accepted

Mitigating Circumstances not accepted

Mitigating Circumstances flowchart

You consider your performance in an assessment has been adversely affected by serious circumstances beyond your control

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3 Learning Support Plans (LSPs)

Recommendations for Learning Support Plans are made where a student has a ‘protected characteristic’ (as defined within the Equality Act) that impacts their ability to learn and perform under specific conditions or in particular types of assessment tasks (e.g Disability, Pregnancy/Maternity, or Religion/Belief).

Learning Support Plans will be created by the Disability and Dyslexia Team in response to a student submitting evidence of a protected characteristic which affects their teaching, learning and assessment. Full details can be found in GEAR.

Procedure for the determination of adjustments and issues by Student Services

The student should contact the Disability and Dyslexia Team to discuss the disability or short term medical condition and subsequent learning, teaching and assessment needs.

Formal written evidence from an appropriate professional such as a medical practitioner, educational psychologist or occupational health professional must be provided in all cases where a Learning Support Plan is issued.

4 Academic misconduct and how this is investigated

As a student of the university and member of the academic community you must abide by accepted academic practices and conventions for producing work that you submit for assessment. This means ensuring that all work submitted is your own and that any source material you use is correctly attributed.

The university takes very seriously any breach of academic conduct. Academic misconduct is subject to disciplinary action and includes, but is not limited to, the following:

• plagiarism - the submission of work originated in sum or in part by someone else with or without their consent but without acknowledgement;

• collusion – collaborating with another student(s) in the completion of the work and submitting this as being entirely the student’s own work;

• the fabrication/falsification of results, data or references;

• copying from unauthorised material or from another student's script within an examination room, or consulting information or individuals while absent from the examination room, or attempting to gain a higher grade by fraudulent means;

• submitting work for assessment that is the same as, or broadly similar to, work submitted earlier for academic credit, without acknowledgement of the previous submission;

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• assuming the identity of another with the intention of gaining unfair advantage for that person;

• the submission of work as your own, work that has been done as a whole or in part by another person on your behalf, or deliberately making available or seeking to make available material to another student with the intention that the material is to be used by the other student to commit academic misconduct.

• unethical, conduct which deviates from accepted ethical standards, including failure to gain ethical approval, coercion or bribery of project participants, breach of confidentiality or improper handling of privileged or private information on individuals gathered during data collection.

You will receive advice and guidance from your tutors about academic conduct including correct referencing and what constitutes academic misconduct. If you are in any doubt about how to undertake or present your work and how to use sources of material you should consult your academic tutors.

Where a member of staff suspects academic misconduct, it will be investigated according to the regulations in GEAR and where the allegation is upheld students will be penalised. Penalties can include the failure of the module or stage of assessment and can affect your degree classification or degree awarded.

Full details of the process for investigating Academic Misconduct can be found in GEAR, and key aspects of the process are provided by the following flowchart.

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Academic misconduct procedure

Invigilator suspects academic misconduct in work undertaken in

invigilated examination

Written report to Head of School

Student’s attention drawn to academic

misconduct procedures

Head of School considers initial evidence and determines category of case

Student denies allegation or fails

to attend interview

No reasonable evidence found

Head of School considers case should now be considered as

major

Student allowed to continue, unauthorised

material confiscated

Reasonable evidence found, or student

admits that academic misconduct has taken

place

Process terminated, student absolved of allegation, no record kept on student’s file

Student notified in writing of outcome of Investigating

Panel

Member of staff/external examiner suspects academic misconduct in work submitted

for assessment

Member of staff/external examiner reports suspicion to

Course Leader

Student notified in writing of suspicion

Student admits academic misconduct

Student warned of possible consequences of academic

misconduct. Report placed on student’s file

Case upheld, written report including a recommendation of penalty sent to Chair of CEB

Course Examination Board decides action to be taken

and determines penalty

Minor case Interview with Head of School*

Chair of CEB notifies Secretary of Academic Board of all cases of academic misconduct and

penalties applied

Student notified in writing of final decision of CEB

Student has right to request a review of Examination Board

decision

Major case Interview with Investigating Panel

*If at the end of the interview the Head of School considers that there is now no reasonable evidence of academic misconduct, the process is terminated and no record is placed on the student’s file. If the Head of School or nominee considers it amounts to poor academic practice rather than a deliberate attempt to deceive, the student will be formally warned and a record placed on their file.

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5 Examination room regulations

These regulations are posted on the door of the examination room.

• Students will be admitted to the examination room ten minutes before the stated commencement time for the examination.

• All coats, bags, and other receptacles, must be deposited in an area indicated by the Principal Invigilator. Invigilators are entitled to require that any materials not formally authorised by the Examinations Officer be removed from the room before the start of the examination. Mobile phones and all other programmable devices must be switched off and either left with the Principal Invigilator or with other personal belongings.

• The use of translation dictionaries or electronic dictionaries is not permitted with Specified Material Examinations2 unless explicitly allowed on validation of the module, and stated in the rubric for the examination. No restriction is imposed on the paper-based reference material which may be used within Non-specified Material Examinations.

• The use of cordless, non-programmable, silent, pocket calculators will be permitted in examinations unless explicitly disallowed by an Examination Board. Calculators will not be supplied by the University. Three conditions are applied to the use of electronic calculators in examinations:

i. each student will be responsible for ensuring that his/her personal calculator is functioning correctly during examinations;

ii. the sharing of calculators between students in the examination room is not permitted;

iii. special arrangements for the use of programmable calculators may be made by an Examination Board for particular courses within its aegis and students using such machines must have obtained the approval of the Chair of the Examination Board prior to the examination.

• All students must place in a prominent position on their desks their completed attendance slips. The invigilators will use these as evidence of identity to complete the attendance register.

• Invigilators will not permit the consumption of any food which might disturb other students.

3 Examinations where the rubric specifies the material which may be used (including where no additional material is permitted). Non-specified material Examinations are those where there is no restriction on the paper-based reference material which may be used (including translation dictionaries).

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• After entering the examination room, no student may read or otherwise appraise him/herself of the work of another student; nor is communication between students in writing, speech or gesture or by electronic devices permitted.

• It is the duty of a student in advance of the period of the examination to prepare him/herself, as far as is reasonably practicable, for uninterrupted attendance in the examination room throughout the period of the examination. Absence from the examination room requires the express permission of the invigilator, and must be as brief as the cause of the proposed absence allows. A student must observe any condition which the invigilator may attach to the granting of permission to leave the examination room.

• A student who leaves the examination room during the period of the examination other than upon the express permission of the invigilator shall be deemed to have completed his/her work in the examination when he/she so leaves.

• In the event of the fire alarm sounding, students should leave all examination material on the desks before leaving the room.

• No student may leave the examination room during the first thirty minutes of the examination period, or the last fifteen minutes.

• No student presenting him/herself for examination will be admitted to the examination room later than thirty minutes after the commencement of the examination. Arrival more than thirty minutes late will be deemed as absence from the examination for which a zero mark will be recorded. The student will have the opportunity to submit mitigating circumstances for the absence. Students who arrive late but within the thirty minutes of the examination commencing, will be admitted to the examination room, but no extra time will be allowed.

• Students may ask an invigilator for clarification of any ambiguities to the question paper during the first thirty minutes when the Internal Examiner responsible for the examination paper will be available for consultation.

• Students may not remove from the examination room any materials, including stationery - whether clean or spoiled - supplied by the University for use during the examination, save the question paper for the examination. Multiple-choice question papers must be handed in.

• Any student in breach of these examination room rules will be reported immediately after the conclusion of the examination period and a hearing will be arranged at the earliest possible opportunity. For serious breaches of the rules, such as proved 'cheating', severe penalties may be applied, including the withholding of an award (refer to GEAR).

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6 The process for requesting a review of an examination board decision – an appeal

A Course Examination Board has the authority to make final decisions regarding the level of performance in assessments, a student’s eligibility for progression (including eligibility to continue their registration on the course) and recommendations for the conferment of awards. You will be notified of any decision of the Examination Board, and if you need clarification you should discuss with the relevant academic tutor.

You may, in some instances (see grounds for appeal), request a review of an Examination Board decision (an appeal). Full details can be found in GEAR, however the key aspects and stages of an appeal are outlined below and in the flowchart. Grounds for appeal

You may only request a review of the decision of an Examination Board on the following grounds: (i) that you had submitted evidence of mitigating circumstances which were not

considered by the Examination Board; (ii) that the Examination Board was not aware of mitigating circumstances affecting

your performance because you were unable, or for valid reasons unwilling, to divulge them before the Examination Board reached its decision. (It is only in exceptional circumstances that an appeal will be heard on the basis of evidence submitted after the meeting of an Examination Board. The attention of students is drawn to the importance of notifying their Head of School or Course Leader, in writing, of any circumstances extraneous to the course which might be prejudicial to their performance, as soon as possible, preferably before the examination and in any event before the examiners meet);

(iii) that the examination procedures were not followed in accordance with the

regulations, resulting in an error in your assessment; (iv) that some other material irregularity led to a breach of the procedures or regulations resulting in a decision detrimental to you. Please note that there is no right of appeal against decisions of an Examination Board which are matters of academic judgement.

Academic Appeal Forms

The forms you need to complete at stages 1 and 2 of the appeals procedure can be downloaded from the Student Handbook page on Studentcentral. https://studentcentral.brighton.ac.uk/webapps/blackboard/content/listContentEditable.jsp?content_id=_379234_1&course_id=_48618_1&mode=reset

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ord=academic+appeals+stage+1

You receive notification of the Course Examination Board’s decision

Stage 1: You must complete form ‘Academic appeals stage 1’ and send it, together with evidence, to the Chair of the Examination Board. This should be within 15 working days from the notification of your assessment outcomes by the School

You must make arrangements to discuss the matter with the Chair of the Examination Board in order to establish the facts surrounding the decision and resolve any misunderstandings in relation to Examination Board procedures or the regulations

Stage 2: You must complete form ‘Academic appeals stage 2’ and send to the Secretary to the Academic Board by post or email to [email protected], stating the grounds for the appeal and provide evidence. This should be within 30 working days from the notification of your assessment outcomes by the School

If the Secretary to the Academic Board considers that there may be valid grounds for an appeal, the matter will be referred to the Academic Appeals Committee

Stage 3: You will be notified of the date of the hearing by the Academic Appeals Committee which will meet to consider the appeal

The appeal is not upheld

The appeal is upheld

You will be informed of the outcome by the Chair of the Examination Board

The Exam Board will reconsider its decision

You do not accept the decision You accept the decision; matter resolved

If the Secretary to the Academic Board considers that there are no valid grounds for appeal, you will be informed of the decision and the matter is at an end

You will be informed of the outcome by the Secretary to the Academic Board.

If you remain dissatisfied with the outcome of the academic appeals procedure you may refer the matter to the Office of the Independent Adjudicator.

Appeals procedure flowchart

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7 Exclusion from the university on academic grounds other than failure at assessment

Students may be excluded from the University for reasons other than failure at assessment, e.g. non-attendance, or where students have, as a consequence of their own actions, placed themselves in a position where they are unable to meet the requirements of the course. Such decisions of the Board of Study or Progress Review Panel constitute recommendations to the Vice-Chancellor as Chair of Academic Board, who is ultimately responsible for the decision to exclude a student. Students who have been excluded on academic grounds other than for failure at assessment have the right to submit an appeal. A summary of the process is given in the flowchart and full details can be found in GEAR.

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Exclusion from the university on academic grounds other than failure at assessment, and the process of appeal flowchart

Board of Study or Progress Review Panel recommends to the Vice-Chancellor exclusion from the University on academic grounds other than failure at assessment

You are notified of the decision of the Vice-Chancellor

You must submit an appeal to the Secretary of the Academic Board in writing and stating the grounds for appeal, within 30 working days of notification of the decision of the Vice-Chancellor

You do not accept the decision

You accept the decision; matter resolved

You will be notified of the date of a formal hearing of the Academic Appeals Committee and be provided with full details as necessary

The Academic Appeals Committee will meet and consider the appeal

If the appeal is not upheld If the appeal is upheld

The Vice-Chancellor will reconsider his decision

You will be informed of the outcome by the Secretary of the Academic Board

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2B Using Turnitin at the University The University uses Turnitin for eSubmission of text based assessment. You will be provided with more information about the eSubmission of work on your course. The University reserves the right to use the Turnitin originality checker and students’ work submitted for assessment purposes may be submitted for checking. The use of Turnitin complies with UK Data Protection Law and Copyright Law.

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2C External Examiners at the University The name, position and institution of external examiner(s) appointed to the courses will be included in module and or course information provided to students. It is however inappropriate for students to make direct contact with any external examiner. If students have issues regarding academic performance in assessments they should use other appropriate University procedures such as the appeals procedure (see section 2A (6)) or complaints procedure (see section 1B (2)), or should contact the Students’ Union Advocacy Service and/or their course leader. External examiners’ annual reports are made available in full, to course representatives. These are discussed at Course Boards (or staff student consultative committees) as part of the annual monitoring and review of courses where comments made by external examiners are discussed and actioned. If you wish to get a copy of an external examiner’s report you should ask the School Office or use the link on the Student Handbook page to contact the School Administrative Manager.

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3 Complaints and Academic Appeals

1 What is a complaint?

A complaint is the expression of a specific concern about matters that affect the quality of your learning opportunities at the University of Brighton. Examples of complaints include:

• Failure by the university to meet obligations including those outlined in course/student handbooks or in the Student Charter

• Misleading or incorrect information in prospectuses or promotional material and

other information provided by the university

• Concerns about the delivery of a programme, teaching or administration including, where applicable, that provided by a partner institution

• Poor quality of facilities, learning resources or services provided directly by the

university

Some issues may more appropriately be considered under processes other than the complaints procedure. For example, the following are not normally dealt with as complaints:

• A concern about a decision made by an academic body regarding student progression, academic assessment and awards (see Academic Appeals below)

• Dissatisfaction about the outcome of an academic misconduct or disciplinary

process

• A concern about a staff member or student which falls within the university’s bullying and harassment policy

• A concern about a decision made under other specific regulations such as fitness

to practise or disciplinary processes.

2 What is an academic appeal?

An academic is defined as a request for a review of a decision of an Examination Board. The Examination Board is the body charged with making decisions about student progress, assessment and awards. It has the authority to make final decisions regarding the level of performance in assessments, a student’s eligibility for progression (including eligibility to continue their registration on the course) and recommendations for the conferment of awards. You will be notified of any decision of the Examination Board, and if you need clarification you should discuss with the relevant academic tutor.

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You may, in some instances request a review of an Examination Board decision (i.e. an appeal). Full details can be found in GEAR, however the key aspects and stages of an appeal are outlined below.

You may only request a review of the decision of an Examination Board on the following grounds: (i) that you had submitted evidence of mitigating circumstances which were not considered by the Examination Board;

(ii) that the Examination Board was not aware of mitigating circumstances affecting your performance because you were unable, or for valid reasons unwilling, to divulge them before the Examination Board reached its decision. (It is only in exceptional circumstances that an appeal will be heard on the basis of evidence submitted after the meeting of an Examination Board. The attention of students is drawn to the importance of notifying their Head of School or Course Leader, in writing, of any circumstances extraneous to the course which might be prejudicial to their performance, as soon as possible, preferably before the examination and in any event before the examiners meet);

(iii) that the examination procedures were not followed in accordance with the regulations, resulting in an error in your assessment;

(iv) that some other material irregularity led to a breach of the procedures or regulations resulting in a decision detrimental to you.

Please note:

• There is no right of appeal against decisions of an Examination Board which are matters of academic judgement. (Questioning the exercise of academic judgment – i.e. the decision made by academic staff on the quality of the work itself or the criteria being applied to mark the work rather than the administrative marking process).

• Disagreement about the way in which mitigating circumstances were considered is not normally considered to be legitimate grounds for an academic appeal unless there is clear evidence that the defined procedures were not followed by the mitigating circumstances panel and/or the mitigating circumstances panel’s recommendation was not appropriately considered by the Examination Board.

If you remain unsure which procedure is applicable to you please contact the University’s Legal Adviser, Andrew Wilson, Ext 2404 or by email on [email protected]

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3 Complaints and academic appeals involving multiple issues

Many students raise issues which do not fall neatly into the category of either complaint or academic appeal. Where this happens, we will tell you which specific issues will be considered under which specific procedure and direct you to the alternative appropriate procedure e.g. academic appeals procedure, for the remaining issues.

4 Partner institutions

If you are studying at another College for an award of the University of Brighton you will be required to complete the Complaints procedures of the partner college before the University will consider your complaint.

5 Complaints about the students’ union

If you wish to complain about the role of representatives of the students’ union in the complaints or academic appeal process, for example if you feel that they were not given enough support or guidance or that confidentiality was not maintained and personal information has been provided to other students, you must use the students’ union own complaints procedures.

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3A Student Complaints Procedure 1. Introduction

The University recognises that students may have legitimate complaints about its provision, facilities, services or staff. This complaints procedure seeks to ensure that complaints made by students are treated seriously and resolved as quickly as possible.

2. Principles underlying the procedure 2.1 The guiding principles of this student complaints procedure are that:

• complaints are dealt with without recrimination. Students making complaints will not suffer any disadvantage or recrimination and their career in the University will not be prejudiced as the result of making a complaint. However, if a complaint is judged to have been made maliciously, the student may be subject to the University’s disciplinary procedures;

• complaints are dealt with promptly and fairly. All complaints should be dealt

with promptly, with fairness, transparency and consistency that respects the rights of all individuals involved. If a complaint is found to be justified, the University will take prompt and appropriate action. If a complaint is not upheld, the student will be notified of the reasons for the decision;

• students should be able to consult any member of staff to discuss problems in

complete confidence and to expect a complaint to be dealt with confidentially. A member of staff named in a written complaint should expect the complaint to be handled with discretion and confidentiality to be maintained;

• complaints should be resolved quickly and simply within the student’s

School, as far as possible. As such this complaints procedure provides a number of stages for handling a complaint. For current students complaints will not normally be considered at the Stage 1 until it is established that informal efforts to resolve the matter have been unsuccessful;

• students should bring complaints to the attention of the University as soon as

possible;

• the procedures for complaints should be made widely available to all students and staff;

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• where a student wishes to make a complaint, further guidance can be obtained from the Students’ Union.

• it does not affect the student’s rights to pursue legal remedies outside the

University. • the University operates a disclosure policy, with both parties involved in the

complaint having the right to access any documents used in considering the complaint, unless they compromise the privacy of third parties.

• Heads of School must seek advice from HR in circumstances where a serious

allegation against a member of staff is reported.

3. The use of the complaints procedure 3.1 The Student Complaints Procedure is available to any student registered on a

University of Brighton course or award (including Brighton and Sussex Medical School awards). Students at the University’s Partner Colleges studying for University of Brighton validated awards who wish to make a complaint must, in the first instance, use the complaints procedures of the Partner College concerned. Once the Partner College’s complaints procedure has been exhausted, then if a student remains dissatisfied with the outcome, they may proceed to submit a Stage 1 Student Complaint to the University. They are not required to follow the “informal discussion” process.

3.2 Former students may also use the procedure but complaints must be submitted

within 60 days of notification of their examination results or the date recorded as their last in the University if they left before a formal assessment/progression point. Former students are not required to raise their complaint informally and should proceed to submit a Stage 1 Student Complaint within this time limit.

3.3 Students on placement who wish to make a complaint about their placement

should discuss the matter with their placement tutor (sometimes called link lecturer or organiser) at the University of Brighton or, where they are employed by the placement provider, should refer to the relevant procedure of the employer. In case of doubt, Complaints Resolution or a Students’ Union Adviser will be able to advise whether your complaint relates to, for example, assessment to be dealt with by the University or to an employment matter better dealt with by the employer.

3.4 Complaints will normally be made by individual students, but may be brought by

groups of students where the subject matter is the same or similar.

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3.5 A complaint may not be lodged by a third party. Anonymous complaints will not

normally be investigated under the complaints procedure. If a complaint is judged to have been made maliciously, the student may be subject to the University’s disciplinary procedures.

3.6 This procedure does not apply in the case of a student or a group of students

who:

i. are dissatisfied with their dealings with the Students’ Union or; ii. have suffered disadvantage through choosing not to be a member of the

Students’ Union.

In these instances, a complaint should be addressed to the Registrar and Secretary who, under the Education Act 1994 Section 22(2) (m) is appointed by the Board of Governors to investigate and report on such complaints.

4 Complaints procedure 4.1 Introduction 4.1.1 There are two formal stages to the University of Brighton student complaints

procedure, although students are always encouraged to try and resolve their complaint informally where possible:

• Informal discussion; • Stage 1 Written complaint; • Stage 2 Review.

4.1.2 You are entitled to be accompanied at any meetings by a person of your

choosing. This would usually be a member of staff, student or Students’ Union adviser. You are responsible for making any such arrangements and should provide details of any such companion in advance to the member of staff you are meeting.

4.1.3 Where you have declared a disability to the University, the University will

endeavour to ensure that information is available to you at all stages of the procedure in appropriate formats, and where needed, reasonable adjustments are made to the associated proceedings to accommodate your needs.

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4.2 Informal discussion The majority of concerns can be resolved informally within your school or

department. In most cases this approach provides a quick solution and avoids the formality of submitting a written complaint. You are encouraged to raise issues either with staff directly (this could be your Personal Tutor, Course Leader, Head of School or a member of staff of student services) or approach the Students’ Union where concerns relate to general matters of course delivery or support and are not specific to an individual. If you remain dissatisfied with the outcome of informal attempts at resolution, then you should proceed to submit a Stage 1 Student Complaint as soon as possible and in any event within 30 days of the outcome.

4.3 Completion of Complaints Forms` 4.3.1 Please complete all parts of the Complaint Form as appropriate to either Stage 1

or Stage 2. The Complaint Form must be signed by the student bringing the complaint or if submitted electronically should be submitted by email from the Student’s University Email account.

4.3.2 The University may reject any complaint without full consideration if it is

considered frivolous or vexatious. 4.4 Stage 1 – Written Complaint 4.4.1 If the complaint cannot be resolved to your satisfaction through informal

discussion, then the complaint should be formalised and you should complete a Stage 1 Student Complaints Form. Copies of the form are available electronically from studentcentral in the Student Handbook Section.

4.4.2 The Stage 1 Student Complaints Form should be completed in order to provide

information on:

i. the nature of the injustice that is being alleged (dates and events) and how you have been affected;

ii. evidence offered in support of the complaint; iii. any actions you have taken to try to resolve the complaint, including

details of any meetings which have taken place; iv. the outcome/resolution that you are seeking.

Your Stage 1 Student Complaints Form should be sent to Student Complaints, Room 215a, Mithras House, Lewes Road, Brighton BN2 4AT (or via email to [email protected]). It is important that you give sufficient detail

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of the complaint, and an explanation of what action you have taken informally (including why you consider this was ineffective), together with an indication of the form of resolution or redress you are seeking.

4.4.3 On receipt of your letter, Student Complaints will arrange for your complaint to be

dealt with by one or more members of University staff of appropriate seniority (this may be either the Head of School and/or their nominee(s)) who were not involved in the subject of your complaint and who have had no previous involvement in the matter. The appointed member of staff will carry out appropriate investigations before reaching a decision and/or recommending any remedial action, which will be notified to you in writing usually within 20 working days. If it is not possible to complete the investigation within this time you will be informed of the delay.

4.5 Stage 2 - Review 4.5.1 If you remain dissatisfied with the outcome of Stage 1, you may request that the

matter is reviewed by completing a Stage 2 Student Complaints Form (available on Student Central) which should identify the reason for dissatisfaction with the outcome at Stage 1 and the resolution sought. The form must be sent to Student Complaints, Room 215a, Mithras House, Lewes Road, Brighton BN2 4AT (or via email to [email protected]) within 30 days of receipt of the outcome letter for Stage 1. Your form should specify the reasons why you believe your complaint should be reviewed, which would normally fall within one or more of the following categories.

i) new facts have come to light which were not previously available ii) information submitted at Stage 1 was not considered iii) the resolution proposed was disproportionate to the outcome of the

investigation 4.5.2 On receipt of your Stage 2 Student Complaints Form, the Registrar and

Secretary or nominee will decide either:

i) to uphold the complaint or ii) to establish a Review Panel or iii) that there are insufficient grounds for further action, thus concluding the matter.

4.5.3 A Review Panel, if established, will normally carry out a complete re-

consideration of the complaint and the student or their companion may make any suitable representations they feel appropriate. The Review will be carried out by the following persons, who may also be varied with the consent of the Student:

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i. Chair - a Dean, Head of School or a member of the Senior Management Team, not directly concerned with the complaint

ii. a staff representative, who will normally be from a different School than that of the complainant.

iii. a student representative, who will normally be from a different School than that of the complainant, appointed by the Students’ Union.

4.5.4 Any potential member of i, ii or iii above who has been involved in counselling or

advising the student making the complaint will be ineligible. 4.5.5 If the student making the complaint does not attend the meeting and the Chair is

satisfied that notice of the meeting was duly sent to him/her then the Review may take place in their absence

4.5.6 The Review Meeting will make a recommendation which it will normally expect to

be implemented. In case of any difficulty the Vice-Chancellor will be notified and will then ensure appropriate action is taken.

6 Referral to the Office of the Independent Adjudicator 6.1 On exhaustion of the University’s internal procedures, the University will issue a

letter (‘Completion of Procedures Letter’), to you confirming that the internal complaints procedures have been exhausted.

6.2 If you remain dissatisfied with the outcome of the University’s internal complaints

procedures, then you may refer the matter to the Office of the Independent Adjudicator (OIA). This must be done within three months from the date of issue of the Completion of Procedures Letter.

6.3 Information on the Office of the Independent Adjudicator can be obtained from

the Students’ Union, Student Services or the OIA website (www.oiahe.ac.uk). 7 Relationship to other student procedures The Student Complaints Procedure does not cover the following, as separate

procedures exist for these matters:

• whistleblowing - where a student wishes to raise a concern, for example about financial or constitutional malpractice (i.e. not a personal grievance);

• an appeals procedure for issues related to the University’s admissions policy, • a request to review a decision of an Examination Board or to appeal against

exclusion from the university on academic grounds other than failure at

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assessment. Follow the procedures outlined in the University’s General Examination and Assessment Regulations for Taught Courses;

• a request to review a decision of a research degree examination team. Follow the procedures outlined in the University’s Regulations for MPhil, PhD and Professional Doctorates;

• when the issue is currently the subject of disciplinary action under the University’s Student Disciplinary Procedure;

• where there is a complaint against another student which is currently the subject of action according to the procedures within the Students’ Union constitution;

• an appeal to review a decision regarding an award from the Access to Learning Fund.

• Complaints by students on placement which are against their employer and should be dealt with through the employer’s procedures.

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3B Appeals Procedure

1

Introduction

1.1 An appeal is a request for a review of a decision of an Examination Board. A student may only request a review of the decision of an Examination Board on the following grounds:

i. that a student had submitted evidence of mitigating circumstances which

were not considered by the Examination Board;

ii. that the Examination Board was not aware of mitigating circumstances affecting the student's performance because the student had been unable, or for valid reasons unwilling, to divulge them before the Examination Board reached its decision.

It is only in exceptional circumstances that an appeal will be heard on the

basis of evidence submitted after the meeting of an Examination Board, and the attention of students is drawn to the importance of notifying their Head of School or Course Leader, in writing, of any circumstances extraneous to the course which might be prejudicial to their performance, as soon as possible, preferably before the examination and in any event before the examiners meet;

iii. that the examination procedures were not followed in accordance with the

regulations, resulting in an error in the student's assessment;

iv. that some other material irregularity led to a breach of the procedures or regulations resulting in a decision detrimental to the student.

1.2 There is no right of appeal against decisions of an Examination Board which are

matters of academic judgement. Disagreement with the academic judgement of an Examination Board in assessing any information relating to a student’s performance does not in itself constitute grounds for a request by a student for reconsideration.

1.3 A student may not lodge an academic appeal on the grounds of dissatisfaction with the design, curriculum or delivery (teaching, school support, etc.) of a course, which should be resolved through the Student Complaints Procedure. The Student Complaints Procedure and the procedure for appeal against disciplinary action that may be taken following a proven case of irregular

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behaviour in the University are contained within the Student Handbook: the University and you.

1.4 A student whose case is under consideration, either by the Academic Appeals Committee or the Examination Board, shall have the right to continue with his/her course until such time as a decision is reached, to ensure that he/she is not academically disadvantaged3. This right should not be interpreted as meaning that an appeal outstanding will necessarily be upheld or, in the case of the Examination Board being required to reconsider its decision, that such decision will necessarily be amended.

1.5 This right does not automatically override course requirements in terms of pre-requisites for continued study. The Chair of the Course Examination Board will be required to approve the proposed continued study, in consultation with the relevant Module Leader(s) and the Secretary to the Academic Board. Approval will normally be given, but particular consideration will be given to cases where the outstanding pre-requisites relate to practical work where the safety of clients or the general public, or the good name of the University, might be jeopardised.

1.6 The academic appeals procedure is available to any student registered on a taught University of Brighton award4 .

1.7 Where a student wishes to request a review of an examination board decision, further guidance can be obtained from the Students’ Union.

1.8 Where a student has declared a disability to the University, the University will endeavour to ensure that information is available to them at all stages of the procedure in appropriate formats, and that any reasonable adjustments are made to the associated proceedings to accommodate the student’s needs.

1.9 Reference in these academic appeals regulations to the Secretary to the Academic Board shall include any person authorised to act on his or her behalf.

1.10 A synopsis of key aspects of the appeals procedure is provided in the University’s Student Handbook: The University and you, available on Studentcentral.

2 Confidentiality

2.1 It is a requirement for all those involved in the procedure that information on 3 Where the student has completed the course and an award has been made by an Examination Board, the student has the right to be re-registered on the course until such time as a decision is reached. 4 Including Brighton and Sussex Medical School awards.

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personal circumstances presented by students is treated as strictly confidential and only made known to other colleagues if this is essential for due consideration to be given to the student’s case.

2.2 Once an appeal has been accepted there must be no discussion of any sort between interested parties and members of the Academic Appeals Committee or any other such communication regarding the case.

3 Stage 1 - Initial request for a review of an Examination Board decision

3.1 Where a student wishes to request a review of an Examination Board decision, he/she should, within 15 working days5 from the notification of the student’s assessment outcomes by the School:

i. Complete the form entitled ‘Academic Appeals stage 1’ and send it to the

Chair of the Examination Board (to whom an appellant should also send evidence in support of the appeal). The form is available on Studentcentral (see Student Handbook), on the University’s web-site, from School offices and the Students’ Union.

ii. Make arrangements to discuss the matter with the Chair of the Examination Board which made the decision in order to establish the facts surrounding the decision and resolve any misunderstandings in relation to Examination Board procedures or these regulations.

This process may lead either to the student accepting the decision or the Chair of the Examination Board may conclude that there were mitigating circumstances, some error or other procedural irregularity within the assessment process. In this case the Chair of the Examination Board has the right to reconvene the Examination Board and to proceed as in section H3.2.

3.2 The Examination Board will review its decisions, taking account of the new information and revise decisions as appropriate. If circumstances make it impossible to reconvene a full meeting of the Examination Board, an appropriate sub-group should be convened. This sub-group must include the Chair and at least one external examiner. The membership of the sub-group should be approved by the Chair of the Sub-Committee for Assessment (or nominee). When it is necessary to reconvene a meeting of the Examination Board, or to convene a sub-group, the Chair of the Examination Board should notify the Secretary to the Academic Board, explaining why this action is necessary and

5 A working day in these procedures does not include Saturdays, Sundays, public holidays or such additional day as the University is deemed to be closed.

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noting both the circumstances which have come to the attention of the Chair, and the reason for reconvening in the light of these circumstances.

4 Stage 2 – Lodging an appeal

4.1 Introduction

4.1.1 If the discussion in stage 1 fails to resolve the matter the student may lodge a stage 2 appeal. This must be sent to the Secretary to the Academic Board either via post or electronically ([email protected]) within 30 working days from the notification of the student’s assessment outcomes by the School, An appeal will only be accepted from the student6 and not from any other party. Students are required to complete the form entitled ‘Academic Appeals stage 2’, stating the grounds for the appeal, when lodging an appeal with the Secretary to the Academic Board. The form is available on Studentcentral (see Student Handbook), on the University’s web-site, from School offices and the Students’ Union.

4.1.2 Normally, appeals submitted outside this specified timescale will be ruled invalid.

4.1.3 Requests for a review of an Examination Board decision should normally be accompanied by independent7 documentary evidence (where possible).

4.2 Procedure

4.2.1 The Secretary to the Academic Board will acknowledge receipt of the appeal, in writing, normally within three working days.

4.2.2 The Secretary to the Academic Board will make an initial assessment of the validity of the case against the permissible grounds and make a judgement as to whether or not the grounds for the appeal fall within those permitted, and if so whether there is evidence in support of the appeal.

4.2.3 If the Secretary to the Academic Board considers that there is evidence in support of a valid appeal, he/she will recommend to the Chair of the Examination Board that the decision of the Examination Board is reviewed (refer H3.2). Where the Chair of the Examination Board does not agree to

6 Collective appeals are not permitted. 7 The supporting documentary evidence should be from an independent source, not a family member, nor fellow student.

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reconvene the examination board to review its decision, the Secretary to the Academic Board will refer the matter to the Academic Appeals Committee (refer H5).

4.2.4 If the Secretary to the Academic Board considers that the appeal may be valid, he/she will refer the matter to the Academic Appeals Committee (stage 3).

4.2.5 If the Secretary to the Academic Board considers that there are no valid grounds of appeal, he/she will advise the student of this decision and the matter will be at an end.

5 Stage 3 – Referral to the Academic Appeals Committee

5.1 Introduction

5.1.1 The function of the Academic Appeals Committee is to establish whether there is, prima facie, a justified case for appeal and if so to consider whether to require the Examination Board whose decision has been challenged to reconsider the decision.

5.1.2 The Academic Appeals Committee will meet on the first convenient date, which shall not normally be more than 12 weeks (inclusive of University closures) after the request has been lodged.

5.1.3 The Secretary to the Academic Board will be Secretary to the Academic Appeals Committee and in summary:

• is responsible for ensuring that the procedures are appropriately adhered

to; • shall receive the formal notice of appeal; • shall be satisfied that an appeal is within the grounds given above (refer

H1.1); • shall convene a meeting of the Academic Appeals Committee; • shall ensure that decisions are notified to all parties concerned and that

appropriate action is taken.

5.2 Timing

5.2.1 Ten working days' notice of the date, time and venue of a meeting of the Academic Appeals Committee will be given to the members, the appellant and any other persons being required to attend. The notice to the appellant shall be sent by recorded delivery service to the address given on the written notice of appeal.

5.2.2 An appellant is required to inform the Secretary to the Academic Board in writing

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if he/she intends to be absent from the address given on the letter of appeal (particularly if he/she will be absent from the United Kingdom) at any time during the 12 week period.

5.3 Constitution, membership and terms of reference of the Academic Appeals Committee

5.3.1 The terms of reference are as follows:

A Committee of the Academic Board to act on behalf of the Board in:

1. deciding whether there is a case for appeal by the student against an examination board decision as set out in the University’s General Examination and Assessment Regulations for Taught Courses;

2. deciding whether there is a case for appeal by the student against

exclusion on academic grounds other than failure at assessment as set out in the:

i. University’s Regulations for MPhil, PhD and Professional Doctorates ii. University’s General Examination and Assessment Regulations for

Taught Courses;

3. informing the student where the case for appeal is not upheld;

4. requiring an Examination Board or the Vice Chancellor* whose decision has been challenged by the appeal to reconsider the decision where the case for appeal is upheld.

* acting on a recommendation from a Board of Study or Progression Review Panel.

5.3.2 The Academic Appeals Committee will be composed of persons who have had no direct involvement with the student(s), or the course or the Examination Board concerned.

5.3.3 The membership of the Academic Appeals Committee shall be:

i. as Chair: • a member of the Senior Management Team (other than the Vice-

Chancellor or the Secretary to the Academic Board), • or a Dean;

ii. a Head of School or Head of Department, from a School/Department other

than that in which either: • the Chair of the Examination Board or Chair of the body making a

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recommendation to the Vice-Chancellor is based, • or the academic staff member is based, • or the appellant is based;

iii. a member of the academic staff, from a School other than that in which

either: • the Chair of Examination Board or Chair of the body making a

recommendation to the Vice-Chancellor is based, • or Head of School or Head of Department is based, • or the appellant is based;

iv. a student of the University from a School other than that in which the

appellant is based.

If it is necessary to convene the Academic Appeals Committee at short notice and in the event that none of the appointed members in a particular category (i.e. (ii), (iii) or (iv)) is available, the Chair of the Academic Board, or in his/her absence the Deputy Chair, shall have the right to replace any of the appointed members by a member of the same category, where appropriate.

5.3.5 The members eligible to serve on the Committee shall be reviewed annually by the Academic Board. The number of individuals serving in category (i) will vary, depending on the number of Senior Management Team members and the number of Deans in the University. Up to 8 individuals will be appointed in categories (ii) and (iv) and 12 individuals in category (iii).

5.3.6 Any potential member who has been involved in examining, counselling or advising an appellant will be ineligible to serve on the Committee hearing the case of that appellant.

5.3.7 A quorum of the Academic Appeals Committee will be three members.

5.4 Procedure adopted for a meeting of the Academic Appeals Committee

5.4.1 Papers for a meeting of the Academic Appeals Committee will be available to members of the Committee, the Secretary to the Academic Board, the Chair of the Examination Board and the appellant, and be circulated no later than five working days before the meeting.

The papers will include:

i. notes on procedure; ii. this section of the University’s General Examination and Assessment

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Regulations for Taught Courses; iii. the appellant’s letter of appeal (together with any supporting

documentation); iv. appropriate information supplied to the Secretary to the Academic Board

by the Chair of the Examination Board concerning the appellant’s academic performance;

v. any other written statement or evidence from the appellant. Statements tabled at the meeting by the appellant shall not be permitted except by approval of the Committee and may result in the meeting being adjourned (refer H5.5).

5.4.2 The appellant must be present at the meeting of the Academic Appeals Committee and cannot be represented in absentia by a third party. The appellant may be accompanied by a person of his/her choosing. The appellant is responsible for securing the attendance of any person accompanying him/her and will inform the Secretary to the Academic Board of the name of any person accompanying him/her. The University’s provision of a hearing within the appeals procedure does not act as a Court of Law. It is therefore considered inappropriate for the parties to have legal representation. The University would therefore not normally expect the appellant to be accompanied to the meeting of the Academic Appeals Committee by a legal representative. Should the appellant choose to be accompanied by a legal representative, the University then reserves the right to its own legal representative at the meeting.

5.4.3 If the appellant does not appear and the Academic Appeals Committee is satisfied that notice of the appeal hearing was duly sent to him/her in accordance with section 5.2, the appeal lapses.

5.4.4 Normally the Examination Board shall be represented by the Chair, who may be accompanied by a person of his/her choosing.

5.4.5 The Secretary to the Academic Board, or his/her nominee, shall normally be present throughout the meeting in order to advise the Committee.

5.4.6 The following procedure shall normally be adopted for a meeting:

i. preliminary private discussion by the Committee of the case; ii. evidence from the appellant, and any person accompanying him/her, in

the presence of the Chair of the Examination Board and any person accompanying him/her;

iii. questions by the Committee to the appellant and any person accompanying him/her;

iv. questions by the Chair of the Examination Board and any person

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accompanying him/her to the appellant and any person accompanying him/her;

v. further questions by the Committee; vi. evidence from the Chair of the Examination Board, and any person

accompanying him/her, in the presence of the appellant and any person accompanying him/her;

vii. questions by the Committee to the Chair of the Examination Board and any person accompanying him/her;

viii. questions by the appellant and any person accompanying him/her to the Chair of the Examination Board and any person accompanying him/her;

ix. further questions by the Committee; x. private meeting of the Committee on the evidence presented; xi. announcement by the Chair of the Committee’s decision in the presence

of all parties. The Secretary to the Academic Board will inform the appellant in writing of the outcome within five working days of the meeting.

5.4.7 The Committee may decide, following its preliminary private discussion, to vary the order of proceedings. If it is not possible for the Committee to come to a final decision, but it is agreed that an adjournment (refer H5.5) is not necessary, the Committee may reserve its decision but a decision must be made within five working days of the meeting.

5.4.8 The Committee, the appellant and the staff representing the Examination Board may summon to appear any other person(s) whom they may consider to be material witnesses. The appellant and the staff representing the Examination Board shall be responsible for informing:

i. the witnesses that they propose to call, of the details of the meeting and for securing their attendance; and

ii. the Secretary to the Academic Board, of the names of the witnesses.

The Committee shall decide whether the witnesses will be called one at a time or whether they should be required to attend together.

5.4.9 The Committee shall have the discretion to decide whether sufficient information has been presented or if additional information and/or witnesses are required.

5.4.10 The Committee is not empowered to consider an appeal on grounds other than those lodged by the appellant. Any alteration to the grounds of appeal shall necessitate a fresh submission and a new hearing.

5.4.11 All decisions of the Committee shall be made by a majority vote of the members. In the event of the votes being tied, the decision shall be in favour of the appellant.

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5.4.12 The proceedings of the Committee shall be confidential. In accordance with the University’s guidelines on the conduct of meetings, no tape recording of the proceedings shall be allowed except by prior permission of the Chair of the Committee and the Secretary to the Academic Board. The minutes of the Committee’s meeting and any resulting report shall be confidential to the members of the Committee and the Secretary to the Academic Board only, except where an appeal has been upheld. In these circumstances the minutes and/or a report will be deemed to be of assistance in the Examination Board’s reconsideration of a case (refer H5.6) and will be made available to the Chair of the Examination Board.

5.5 Adjournment

5.5.1 The Committee may at any time adjourn the meeting to a subsequent meeting of the Committee. Where the day, time and venue for such a meeting are not appointed at the time of the adjournment, the Secretary to the Academic Board shall, not less than 10 working days before the day appointed, give notice to the members of the Committee, the appellant and any other persons being required to attend, of the day, time and venue of the resumed meeting.

5.5.2 When the meeting is resumed no fresh evidence shall, except by approval of the Committee, be produced unless either:

i. the substance thereof has been communicated by the appellant to the

Secretary to the Academic Board not less than 10 working days before the resumed meeting; or

ii. it is in the nature of a reply to any such evidence.

5.6 Procedure to be followed in the event of an appeal being upheld

5.6.1 If the Academic Appeals Committee upholds the appeal, it shall require an

Examination Board to reconsider its decision(s) if:

i. a student establishes to the satisfaction of the Committee that his/her performance in the examination was adversely affected by illness or other factors which he/she was unable, or for valid reasons unwilling, to divulge before the Examination Board reached its decision;

ii. the Committee is satisfied on evidence produced by a student or any other

person that there has been an internal administrative error, or that the examinations were not conducted in accordance with the regulations for the course, or that some other material irregularity relevant to the assessments has occurred.

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5.6.2 If the Committee decides that there are grounds for a review, the grounds on which an Examination Board is to be asked to reconsider its decision should be identified. For this purpose it shall supply the Examination Board with its comments, recommendations and any other evidence or information which has been produced. If a decision is referred to an Examination Board, as detailed above, the Examination Board shall reconsider, within three calendar months of the date of the appeal hearing, the appellant's case, giving due consideration to the comments and recommendations of the Committee. It will either confirm its decision or make such adjustments as in the circumstances seem just. The Chair of the Examination Board will report the decision to the Secretary to the Academic Board and inform the appellant of the outcome.

5.6.3 The Examination Board may, if appropriate, seek additional evidence of the student’s performance, either through assessment at the next available opportunity, or through a viva voce examination, or through any other form of assessment appropriate to the student’s circumstances and the requirements of the programme of study.

5.6.4 In cases of procedural or other irregularity (refer H5.6.1), Academic Board, acting on the advice of its Secretary, is empowered to annul the decision of an Examination Board if in its opinion due and proper account has not been taken of the relevant factors. Academic Board may annul such a decision without making a prior request for reconsideration, in particular in cases where it is impossible to reconvene an Examination Board. If an error or irregularity is found to have affected more than one student, the Academic Board may annul the whole examination process or any part of it.

5.6.5 When a decision has been annulled it is the responsibility of the Academic Board to take whatever action is required, including, if necessary, the appointment of new external examiners, in order to make revised recommendations in respect of the students concerned.

5.6.6 The decision of the Examination Board or, where appropriate, Academic Board, is final. There is no further right of appeal within the University.

5.7 Procedure to be followed in the event of an appeal being dismissed

5.7.1 If the appeal is not upheld the outcome and the justification for it will be communicated to the appellant by the Secretary to the Academic Board. There

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is no further right of appeal within the University.

6 Referral to the Office of the Independent Adjudicator

6.1 On exhaustion of the University’s internal procedures, the University will issue a letter (Completion of Procedures Letter), to the student making the academic appeal, confirming that the internal appeals procedures have been exhausted.

6.2 If the student remains dissatisfied with the outcome of the University’s academic appeals procedure, then they may refer the matter to the Office of the Independent Adjudicator (OIA). This must be done within three calendar months from the date of issue of the Completion of Procedures Letter.

6.3 Information on the Office of the Independent Adjudicator can be obtained from the Students’ Union, Student Services or the OIA website.

7 Monitoring and review of Academic Appeals and quality enhancement

7.1 The Chairs of Examination Boards will maintain a record of all stage 1 academic appeals; the Secretary to the Academic Board will maintain a record of all stage 2 academic appeals. The Academic Board will receive an annual report8 from the Secretary to the Academic Board on the outcome of all appeals for the academic year, with the expectation that appeals will be monitored, as far as possible, in accordance with the University’s Equality and Diversity Policy.

7.2 In the light of this report the Academic Board will, if necessary, consider appropriate recommendations for quality enhancement where consistent themes/issues from the report are identified.

7.3 The University provides appropriate support for staff dealing with academic appeals through its staff development framework. Staffcentral provides staff with access to this academic appeals procedure and to other related policies and procedures.

8 An annual report contains an anonymised analysis of academic appeals.

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Annex Appeal to the Academic Appeals Committee following the exclusion

from the University on academic grounds other than failure at assessment

1 Introduction

1.1 A student may be excluded from the University for reasons other than failure at assessment (refer A13.2). Such decisions of a Board of Study or Progression Review Panel (excludes BSMS joint research degrees) constitute recommendations to the Vice-Chancellor as Chair of Academic Board, who is ultimately responsible for the decision to exclude a student. A student who has been so excluded has the right to submit an appeal to the Academic Appeals Committee.

1.2 Where a student wishes to appeal, he/she should within 30 working days9 after notification of the decision of the Vice-Chancellor, give notice in writing to the Secretary to the Academic Board of the intention to appeal and state the grounds for the appeal. The Secretary to the Academic Board will acknowledge receipt of the appeal, in writing, within three working days, and refer the matter to the Academic Appeals Committee.

2 Meeting of the Academic Appeals Committee

2.1 Introduction

2.1.1 The function of the Academic Appeals Committee is to establish whether there is, prima facie, a justified case for appeal by the student against exclusion on academic grounds other than failure at assessment and if so to consider whether to require the Vice-Chancellor (acting on the recommendation from the Board of Study, Progression Review Panel or Fitness to Practise Panel) whose decision has been challenged, to reconsider his decision.

2.1.2 The Academic Appeals Committee will meet on the first convenient date, which shall not normally be more than 12 weeks (inclusive of University closures) after the request has been lodged.

2.1.3 The Secretary to the Academic Board will be Secretary to the Academic

9 A working day does not include Saturdays, Sundays, public holidays or such additional days as the University is deemed to be closed.

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Appeals Committee and in summary: • is responsible for ensuring that the procedures are appropriately adhered

to; • shall receive the formal notice of appeal; • shall convene a meeting of the Academic Appeals Committee; • shall ensure that decisions are notified to all parties concerned and that

appropriate action is taken.

2.2 Timing

2.2.1 Ten working days' notice of the date, time and venue of a meeting of the Academic Appeals Committee will be given to the members, the appellant and any other persons being required to attend. The notice to the appellant shall be sent by recorded delivery service to the address given on the written notice of appeal.

2.2.2 An appellant is required to inform the Secretary to the Academic Board in writing if he/she intends to be absent from the address given on the letter of appeal (particularly if he/she will be absent from the United Kingdom) at any time during the 12 week period.

2.3 Constitution, membership and terms of reference of the Academic Appeals Committee

2.3.1 The terms of reference are as follows: A Committee of the Academic Board to act on behalf of the Board in: 1. deciding whether there is a case for appeal by the student against an

examination board decision as set out in the University’s General Examination and Assessment Regulations for Taught Courses;

2. deciding whether there is a case for appeal by the student against

exclusion on academic grounds other than failure at assessment as set out in the:

i. University’s Regulations for MPhil, PhD and Professional Doctorates ii. University’s General Examination and Assessment Regulations for Taught Courses;

3. informing the student where the case for appeal is not upheld; 4. requiring an Examination Board or the Vice Chancellor* whose decision

has been challenged by the appeal to reconsider the decision where the case for appeal is upheld.

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* acting on a recommendation from a Board of Study or Progression Review Panel.

2.3.2 The Academic Appeals Committee will be composed of persons who have had no direct involvement with the student(s), or the course or the Examination Board concerned.

2.3.3 The membership of the Academic Appeals Committee shall be:

i. as Chair • a member of the Senior Management Team (other than the Vice-

Chancellor or the Secretary to the Academic Board), or • a Dean;

ii. a Head of School or Head of Department, from a School/Department other than that in which either:

• the Chair of the Examination Board or Chair of the body making a recommendation to the Vice-Chancellor is based,

• or the academic staff member is based, • or the appellant is based;

iii. a member of the academic staff, from a School other than that in which either

• the Chair of Examination Board or Chair of the body making a recommendation to the Vice-Chancellor is based,

• or Head of School or Head of Department is based, • or the appellant is based;

iv. a student of the University from a School other than that in which the appellant is based.

2.3.4 If it is necessary to convene the Academic Appeals Committee at short notice and in the event that none of the appointed members in a particular category (i.e. (ii), (iii) or (iv)) is available, the Chair of the Academic Board, or in his/her absence the Deputy Chair, shall have the right to replace any of the appointed members by a member of the same category, where appropriate.

2.3.5 The members eligible to serve on the Committee shall be reviewed annually by the Academic Board. The number of individuals serving in category (i) will vary, depending on the number of Senior Management Team members and the number of Deans in the University. Up to 8 individuals will be appointed in categories (ii) and (iv) and 12 individuals in category (iii).

2.3.6 Any potential member who has been involved in examining, counselling or advising an appellant will be ineligible to serve on the Committee hearing the

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case of that appellant.

2.3.7 A quorum of the Academic Appeals Committee shall be three members.

2.4 Procedure adopted for a meeting of the Academic Appeals Committee

2.4.1 Papers for a meeting of the Academic Appeals Committee will be available to members of the Committee, the Secretary to the Academic Board, the Vice-Chancellor and the appellant, and be circulated no later than five working days before the meeting. The papers will include:

i. notes on procedure; ii. this section of the University’s General Examination and Assessment

Regulations for Taught Courses; iii. the appellant’s letter of appeal (together with any supporting

documentation); iv. appropriate information supplied to the Secretary to the Academic Board

by the Vice-Chancellor concerning the appellant’s academic performance; v. any other written statement or evidence from the appellant.

Statements tabled at the meeting by the appellant shall not be permitted except by approval of the Committee and may result in the meeting being adjourned (refer annex 2.5).

2.4.2 The appellant must be present at the meeting of the Academic Appeals Committee and cannot be represented in absentia by a third party. The appellant may be accompanied by a person of his/her choosing. The appellant is responsible for securing the attendance of any person accompanying him/her and will inform the Secretary to the Academic Board of the name of any person accompanying him/her. The University’s provision of a hearing within the appeals procedure does not act as a Court of Law. It is therefore considered inappropriate for the parties to have legal representation. The University would therefore not normally expect the appellant to be accompanied to the meeting of the Academic Appeals Committee by a legal representative. Should the appellant choose to be accompanied by a legal representative, the University then reserves the right to its own legal representative at the meeting.

2.4.3 If the appellant does not appear and the Academic Appeals Committee is satisfied that notice of the appeal hearing was duly sent to him/her in accordance with annex 2.2, the appeal lapses.

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2.4.4 The Vice-Chancellor will be accompanied by the Chair of the Board of Study or

Progression Review Panel as appropriate, and other relevant staff.

2.4.5 The Secretary to the Academic Board, or his/her nominee, shall normally be present throughout the meeting in order to advise the Committee.

2.4.6 The following procedure shall normally be adopted for a meeting:

i. preliminary private discussion by the Committee of the case; ii. statement/evidence from the Vice-Chancellor, and any person

accompanying him/her, in the presence of the appellant and any person(s) accompanying him/her;

iii. questions by the Committee to the Vice-Chancellor and any person accompanying him/her;

iv. questions by the appellant and any person accompanying him/her to the Vice-Chancellor and any person(s) accompanying him/her;

v. further questions by the Committee; vi. statement/evidence from the appellant and any person(s) accompanying

him/her, in the presence of the Vice-Chancellor and any person accompanying him/her;

vii. questions by the Committee to the appellant and any person(s) accompanying him/her;

viii. questions by the Vice-Chancellor and any person accompanying him/her to the appellant and any person(s) accompanying him/her;

ix. further questions by the Committee; x. private meeting of the Committee on the evidence presented; xi. announcement by the Chair of the Committee’s decision in the presence

of all parties. The Secretary to the Academic Board will inform the appellant in writing of the outcome within five working days of the meeting.

2.4.7 The Committee may decide, following its preliminary private discussion, to vary the order of proceedings. If it is not possible for the Committee to come to a final decision, but it is agreed that an adjournment (refer annex 2.5) is not necessary, the Committee may reserve its decision but a decision must be made within five working days of the meeting.

2.4.8 The Committee, the appellant and the Vice-Chancellor may summon to appear any other person(s) whom they may consider to be material witnesses. The appellant and the Vice-Chancellor shall be responsible for informing: i. the witnesses that they propose to call, of the details of the meeting and for

securing their attendance; and

ii. the Secretary to the Academic Board, of the names of the witnesses.

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The Committee shall decide whether the witnesses will be called one at a time or whether they should be required to attend together.

2.4.9 The Committee shall have the discretion to decide whether sufficient information has been presented or if additional information and/or witnesses are required.

2.4.10 The Committee is not empowered to consider an appeal on grounds other than those lodged by the appellant. Any alteration to the grounds of appeal shall necessitate a fresh submission and a new hearing.

2.4.11 All decisions of the Committee shall be made by a majority vote of the members. In the event of the votes being tied, the decision shall be in favour of the appellant.

2.4.12 The proceedings of the Committee shall be confidential. In accordance with the University’s guidelines on the conduct of meetings, no tape recording of the proceedings shall be allowed except by prior permission of the Chair of the Committee and the Secretary to the Academic Board. The minutes of the Committee’s meeting and any resulting report shall be confidential to the members of the Committee and the Secretary to the Academic Board only, except where an appeal has been upheld. In these circumstances the minutes and/or a report will be deemed to be of assistance to the Vice-Chancellor when reconsidering the case (refer annex 3.1).

2.5 Adjournment

2.5.1 The Committee may at any time adjourn the meeting to a subsequent meeting of the Committee. Where the day, time and venue for such a meeting are not appointed at the time of the adjournment, the Secretary to the Academic Board shall, not less than 10 working days before the day appointed, give notice to the members of the Committee, the appellant and any other persons being required to attend, of the day, time and venue of the resumed meeting.

2.5.2 When the meeting is resumed no fresh evidence shall, except by approval of the Committee, be produced unless either:

i. the substance thereof has been communicated by the appellant to the Secretary to the Academic Board not less than 10 working days before the resumed meeting; or

ii. it is in the nature of a reply to any such evidence.

3 Procedure to be followed in the event of an appeal being upheld

3.1 If the Academic Appeals Committee upholds the appeal, it shall require the

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Vice-Chancellor (acting on a recommendation from the Board of Study or Progression Review Panel) to reconsider his decision.

3.2 If the Committee decides that there are grounds for a review, the grounds on which the Vice-Chancellor is to be asked to reconsider his decision should be identified. For this purpose it shall supply the Vice-Chancellor with its comments, recommendations and any other evidence or information which has been produced. If a decision is referred to the Vice-Chancellor, as detailed above, the Vice-Chancellor shall reconsider, within three calendar months of the date of the appeal hearing, the appellant's case, giving due consideration to the comments and recommendations of the Committee. The Vice-Chancellor will either confirm his decision or make such adjustments as in the circumstances seem just. The Vice-Chancellor will report his decision to the Secretary to the Academic Board who will inform the appellant and take any necessary action. The decision of the Vice-Chancellor is final. There is no further right of appeal within the University.

4 Procedure to be followed in the event of an appeal being dismissed

4.1 If the appeal is not upheld the outcome and the justification for it will be communicated to the appellant by the Secretary to the Academic Board. There is no further right of appeal within the University.

5 Referral to the Office of the Independent Adjudicator

5.1 On exhaustion of the University’s internal procedures, the University will issue a letter (Completion of Procedures Letter), to the student making the academic appeal, confirming that the internal appeals procedures have been exhausted.

5.2 If the student remains dissatisfied with the outcome of the University’s academic appeals procedure, then they may refer the matter to the Office of the Independent Adjudicator (OIA). This must be done within three calendar months from the date of issue of the Completion of Procedures Letter.

5.3 Information on the Office of the Independent Adjudicator can be obtained from the Students’ Union, Student Services or the OIA website.

6 Monitoring and review of Academic Appeals and quality enhancement

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6.1 The Secretary to the Academic Board will maintain a record of all academic appeals. The Academic Board will receive an annual report10 on the outcome of all appeals for the academic year, with the expectation that appeals will be monitored, as far as possible, in accordance with the University’s Equality and Diversity Policy.

6.2 In the light of this report the Academic Board will, if necessary, consider appropriate recommendations for quality enhancement where consistent themes/issues from the report are identified.

6.3 The University provides appropriate support for staff dealing with academic appeals through its staff development framework. Staffcentral provides staff with access to this academic appeals procedure and to other related policies and procedures.

10 An annual report contains an anonymised analysis of academic appeals.

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Secretary to the Academic

Board refers case to the

C

Stage 3: Referral to the

Academic Appeals

May be valid grounds/evidence Secretary to the Academic

Board refers case to the

Chair rejects

No valid grounds/evidence

Secretary to the Academic

Board notifies the student of

decision. Matter at an end.

Chair accepts

Clear permissible grounds/evidence in support of valid appeal

Secretary to the Academic Board

recommends to Chair of Exam Board

Stage 2: Appeal lodged Student completes stage 2 appeals form,

stating the grounds for the appeal, and

sends it together with evidence to the

Chair reconvenes meeting of Exam

Board to reconsider original decision

and then reports decision of this review

to the Secretary to the Academic Board

and to the student Completion of

Appeal rejected Secretary

to the Academic Board

notifies student.

Completion of Procedures

Appeal upheld Matter referred

back to the Exam

Stage 1: Student wishes to request a review

Student completes stage 1

appeals form, stating the grounds

for the appeal, and sends it,

together with evidence, to the

Student discusses the matter

with the Chair of the Exam

Student accepts

decision

Chair of Exam Board concludes that there

were undisputed factors (refer H3.1) which

may have affected the performance of the

student but which were not reported to the

Student does not

accept decision

Secretary to the Academic Board makes

initial assessment of the validity of the

Academic Appeals Procedure

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3C Academic Appeals Forms

ACADEMIC APPEALS FORM (stage 1)

This form should be completed under the University’s General Examination and Assessment Regulations for Taught Courses (‘GEAR’), section H, sub-section 4, or the BM BS Programme, Examination and Assessment Regulations (‘PEAR’) for the Brighton and Sussex Medical School, section H, sub-section 2 (You must complete all sections of this form) NAME STUDENT NUMBER COURSE YEAR OF STUDY 1/2/3/4/Final (delete as appropriate) SCHOOL (this is the School in which the course is based)

Undergraduate/postgraduate/other (delete as appropriate)

Full-time/part-time (delete as appropriate)

Postal address for correspondence (including post code)

E-mail address Results you wish to appeal (include module codes)

Grounds for appeal (see ‘GEAR’ or ‘PEAR’, section H, sub-section 1.1)

(i), (ii), (iii) or (iv) (delete as appropriate) (Note: Your appeal will not be considered if you do not indicate any of the four grounds for appeal)

Continued overleaf

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Please give details of the appeal (you may attach continuation sheets if necessary) (Note: The appeal should normally be accompanied by independent documentary evidence (where possible). Such evidence should be from an independent source, and cannot be from a family member or fellow student. Failure to submit evidence may result in consideration of your appeal being delayed. If sending evidence electronically it must either be in Word or pdf format. You should keep a copy of the evidence as you will be required to re-submit it, to the Secretary to the Academic Board, if you take your appeal to stage 2.)

Signature ........................................................................ Date ............................................ Notes: This form must be lodged with the Chair of the Examination Board which made

the decision within 15 working days* from the notification of the assessment outcome by the School. In the case of appeals from students in the Brighton and Sussex Medical School, this form must be lodged with the Deputy Medical School Secretary. Within that timescale an appellant is also required to discuss the case with the Chair of the Examination Board. If you are unsure of the name of the Chair of the Examination Board and their contact details, please contact the office of the University of Brighton School in which you studied and they will advise accordingly. An appellant cannot invoke the appeals process until the Examination Board has made a decision and the decision has been conveyed.

* A working day does not include Saturdays, Sundays, public holidays or such additional days as the University is

deemed to be closed

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ACADEMIC APPEALS FORM (stage 2)

This form should be completed under the University’s General Examination and Assessment Regulations for Taught Courses, section H, sub-section 4, or the BM BS Programme, Examination and Assessment Regulations for the Brighton and Sussex Medical School, section H, sub-section 2 PART A To be completed by the student (you must complete all sections of this form) NAME

STUDENT NUMBER COURSE

YEAR OF STUDY 1/2/3/4/Final (delete as appropriate)

SCHOOL (this is the School in which the course is based)

Undergraduate/postgraduate/other (delete as appropriate)

Full-time/part-time (delete as appropriate)

Postal address for correspondence (including post code)

E-mail address

Date on which you were notified of your assessment outcome by the School (i.e., date of letter)

Date on which you discussed your appeal with the Chair of the Examination Board, in accordance with the University’s General Examination and Assessment Regulations for Taught Courses, section H, sub-section 3.1 (ii), or the BM BS Programme Examination and Assessment Regulations, section H, sub-section 2.1 (ii).

Which ground(s) for appeal are you citing? (refer to the University’s General Examination and Assessment Regulations for Taught Courses, section H, sub-section 1.1, or the BM BS Programme Examination and Assessment Regulations, section H, sub-section 1.1) (Note: Your appeal will not be considered if you do not indicate any of the four grounds for appeal)

(i), (ii), (iii) or (iv) (delete as appropriate)

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Please give details of the appeal (you may attach continuation sheets if necessary) (Note: The appeal should normally be accompanied by independent documentary evidence (where possible). Such evidence should be from an independent source, and cannot be from a family member or fellow student. Failure to submit evidence may result in consideration of your appeal being delayed. If sending evidence electronically it must either be in Word or pdf format.)

Signature ........................................................................ Date ............................................ Note: This form must be submitted to the Secretary to the Academic Board, Vice-

Chancellor’s Office, University of Brighton, Lewes Road, Brighton, BN2 4AT, or to the following e-mail address: [email protected], within 30 working days* from the notification of your assessment outcomes by the School. Normally, appeals submitted outside this specified timescale will be ruled invalid.

PART B For office use only Date appeal received ....................Date acknowledgement sent to student ...................... * A working day does not include Saturdays, Sundays, public holidays or such additional days as the University is

deemed to be closed

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4 Other regulations

This chapter contains the university's disciplinary and other regulations, as listed below. As a student of the University of Brighton you are expected to abide by these regulations and are responsible for making yourself aware of the information contained in this chapter. Please note that there are separate regulations for students living in halls of residence or university-managed housing. 4A Student Disciplinary Procedure

Appendix 1: Definition of misconduct Appendix 2: Student discipline and criminal law Appendix 3: Penalties Appendix 4: Disciplinary procedures for students in Halls of Residence and

university-managed housing 4B Fitness to Practise Procedure 4C Library and Media Centre Rules 4D Information Systems Security and Information Interception Policy 4E Students in debt to the university

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4A Student disciplinary procedure The power to exclude any student, or to suspend a student pending investigation, is vested in the Vice-Chancellor (or Deputy Vice-Chancellor). Authority to deal with alleged misconduct is delegated by the Vice-Chancellor to the Registrar and Secretary and Heads of School and to such staff as may from time to time be appointed to serve on disciplinary panels. For full details please refer to the following pages and relevant appendices. The key stages are outlined below.

Allegations of misconduct should be reported in writing to the student's Head of School (within 10 days) who decides whether there is a prima facie case.

Where there is a case to answer, matter referred to the Registrar and Secretary to determine whether there has been minor or serious misconduct - that is, whether there is a possibility of the student being temporarily or permanently excluded or fined.

Minor Serious

If potential minor misconduct the Head of School convenes a personal hearing to deal with the case. A member of staff will collect information concerning circumstances and a report will be prepared.

If potential serious misconduct the Registrar and Secretary will authorise the establishment of a formal Disciplinary Panel consisting of a Head of School, a member of staff and a student member appointed by the Students' Union.

Penalties vary according to whether case deemed minor or

Students have the right to appeal if they meet the grounds for appeal set out in section 1.4 of this procedure.

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Student disciplinary procedure

1 The scope of the University's disciplinary procedures

The University of Brighton's disciplinary procedures are based on the following principles: • Universities are communities whose members work, and often live, together. This

requires certain standards of behaviour. It also places obligations on universities which owe a duty of care and responsibility to members of that community.

• Universities are organisations committed to certain standards and values, inherent in

their aims, objectives and missions. • Universities are as much entitled to protect and defend their good names and reputations

as other organisations or professions. 1.1 Misconduct and the University's right to take disciplinary action

1.1.1 Students at the university and students taking University of Brighton awards at

partner colleges have a duty at all times to conduct themselves according to the university's rules and regulations and to act with good sense, taking due care when using the university's facilities and having due consideration for other members of the university community or visitors to the university's property. All students registered at the university, whether full-time or part-time, sign a declaration on enrolment which states that they agree to be bound by such regulations as are in place, or which may be passed during their careers at the university. Students who are taking University of Brighton awards at partner colleges are also bound by the regulations of the partner college. The university's right to initiate disciplinary action is thus well established. Nevertheless, the student is entitled to a fair hearing in accordance with the rules of natural justice, and will be presumed innocent until judged otherwise through this process; the civil standard of proof (balance of probability) will apply in all internal disciplinary procedures. Two forms of misconduct are distinguished. Serious misconduct is misconduct such that a finding against the student might result in temporary or permanent exclusion from the university or the imposition of a fine on disciplinary grounds. Minor misconduct is misconduct such that these penalties would be inappropriate. A more detailed definition of misconduct is given in Appendix 1: Definition of Misconduct.

1.1.2 There are a number of specific sets of rules, operating within the scope of the

university's disciplinary procedures. These cover rules of conduct for students in halls of residence or university-managed housing, and the use of the university's library and media centre, and computing regulations.

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1.2 Procedures

1.2.1 Authority to act

1.2.1.1The Vice-Chancellor

The Articles of Government of the university make the Vice-Chancellor responsible for 'the maintenance of student discipline and ... for the suspension and exclusion of students on disciplinary grounds'; the Vice-Chancellor is also responsible for 'implementing decisions to expel students for academic reasons' (see chapter 3, section 3G). Further, the Vice-Chancellor has the power temporarily or permanently to exclude a student for indebtedness to the university as detailed in this chapter, section 4D. While the power to exclude any student, or to suspend pending an investigation, is vested in the Vice-Chancellor (or the Deputy Vice-Chancellor, acting in the absence of the Vice-Chancellor or upon authority delegated by the Vice-Chancellor), the power to investigate and to recommend penalties is delegated as explained below. 1.2.1.2 Delegation of authority

Authority to deal with alleged misconduct is delegated by the Vice-Chancellor to the Registrar and Secretary and Heads of School and to such staff as may from time to time be appointed to serve on disciplinary panels. Note that references in this procedure to members of staff include references to their nominees. A recommendation for permanent or temporary exclusion from the university requires a recommendation to the Vice-Chancellor (or the Deputy Vice-Chancellor acting on behalf of the Vice-Chancellor). 1.2.2 Allegations of misconduct

Any staff or student member of the university who becomes aware of misconduct by a student is expected and required to report this without delay. The allegation should be brought to the attention of the student's Head of School. The allegation should be made in writing, and with any available evidence enclosed, and a copy sent to the Registrar and Secretary. The Head of School will then decide whether there is a prima facie case to answer. If the Head of School is the person discovering the possible misconduct, he or she should compile a brief written statement summarising the facts. If, in the judgement of the Head of School, there is a case to answer, the Head of School should refer the matter to the Registrar and Secretary, who will determine whether this appears to constitute serious or minor misconduct (that is, whether there is a possibility of the student being temporarily or permanently excluded or fined).

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The Registrar and Secretary will advise the Head of School of their conclusion, and either authorise the Head of School to convene a personal hearing to deal with a case of potential minor misconduct (see section 1.2.5) or authorise the establishment of a formal disciplinary panel to deal with a case of potential serious misconduct (see section 1.2.4). If the student is on a course which is accredited by a professional body, the Head of School will normally inform the professional body of cases where the student's alleged action may have infringed the professional code of conduct. Alternatively, if the student is on a placement as part of their course, the Head of School will normally inform the person currently responsible for the student, if the alleged action calls into question the student's suitability to continue on this placement. In cases where the offence might lead to a serious criminal charge, or where in his/her judgement suspension while the investigation takes place is possible, the Registrar and Secretary should also notify the Vice-Chancellor and the Head of Student Services immediately. If, in the opinion of the Vice-Chancellor, there is due cause to suspend a student with immediate effect pending a formal disciplinary hearing, the Vice-Chancellor may do so. This move is entirely at the discretion of the Vice-Chancellor; suspension pending a formal hearing will not be added to the student's formal record, and does not constitute an indication of guilt. A student who is suspended must be given the opportunity to defend themselves at a formal hearing convened for that purpose. Allegations should normally be made within 10 working days11 of the supposed misconduct. When longer has elapsed, a further statement should be added to the allegation, explaining the reason for the delay. It will be for the Registrar and Secretary to decide whether to accept allegations after 10 working days have elapsed. In general, and for internal purposes, consultations with personal tutors, course leaders, project supervisors and university welfare staff will be regarded as confidential. Only in exceptional circumstances, where the student is deemed to be a danger to themselves, to others or if there is a legal duty, may this confidentiality be broken. Reports to, or discussions with, university officers are not normally on a confidential basis.

1.2.3 General provisions for hearings

A full disciplinary hearing will normally take place within 20 working days of an allegation being made. The date, time and venue of the hearing will be notified to the student in writing at least 10 working days before the day of the meeting, stating whether the case is being treated as minor misconduct (and heard by the Head alone), or as serious misconduct (and heard by a disciplinary panel). It will be open to the student to argue that the case should be treated as minor misconduct rather than serious misconduct; such an objection must be made to the Registrar and Secretary within 3 working days of receipt of the formal notification

11 A working day does not include Saturdays, Sundays, public holidays or such additional days as the University is deemed to be closed.

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and must be in writing, stating the reasons. It is also open to the student to request a hearing by a panel if they fear prejudice; such a request must also be made within 3 working days of receipt of the formal notification. The Registrar and Secretary must reply in writing within 2 working days of receipt of this letter, and may either confirm or amend their original decision. In all cases, the student is entitled to be accompanied by a friend or advisor. Any papers to be considered at the hearing should be made available to the student (and the student's friend or advisor, as appropriate) at least 3 working days before the hearing. The Panel (or Head of School in cases of minor misconduct) will be free to interview any witnesses deemed appropriate, in addition to any called by the student. The Panel or Head of School will have available the student's formal record (held in the student's School). The fact that a student fails to attend a disciplinary hearing for which due formal notice has been given will invalidate neither the proceedings nor the outcome. 1.2.4 Hearing in cases of potential cases of serious misconduct (which may

lead to temporary or permanent exclusion or the imposition of a fine)

Allegations of serious misconduct will be heard by a disciplinary panel, and the hearing and the subsequent deliberations of the panel minuted. Normally, this panel should consist of:

• a Head of School as Chair; • a member of staff; • a student member appointed by the Students' Union (who should not be from the

same School as the student concerned, or have shared any modules with that student).

In the case of a student taking a University of Brighton award at a partner college, the panel will comprise:

• a Head of School or other nominee of the Chair of Academic Partnership Committee as Chair;

• a member of staff from the School/Department of the partner college; • a student representative appointed by the University of Brighton Students’ Union

(who should not be from the same School as the student concerned, or have shared any modules with that student).

A member of Academic Services staff will act as Secretary to the panel, to minute the discussion and advise the panel on procedural matters. The precise membership of the panel should be determined by the Registrar and Secretary.

The proposed chair of the disciplinary panel shall appoint an appropriate member of staff to collect information conce

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rning the circumstances leading up to the commencement of disciplinary action. This person shall prepare a written report, which shall be made available to all members of the panel, and to the student and any friend or advisor. Appendix 2 explains procedure for cases of serious misconduct which involve a possible serious criminal charge.

1.2.5 Minor misconduct (which may lead to other penalties)

Allegations of minor misconduct will be heard by the student's Head of School. The Head should appoint an appropriate member of staff to collect information concerning the circumstances leading up to the commencement of disciplinary action. This person shall prepare a written report, which shall be made available to the Head of School, and to the student and any friend or advisor, at least 3 working days before the hearing. During the course of this process, on the basis of further information, the Head of School may decide that the allegation should be regarded as serious misconduct. He or she may then refer the allegation back to the Registrar and Secretary who will convene a disciplinary panel. 1.2.6 Notification of the outcome 1.2.6.1 To the student At the end of the disciplinary hearing, the student and the student's friend or advisor may be asked to leave the room while the Panel or Head of School considers the verdict. The decision will be based on the evidence, while ensuring that the benefit of any reasonable doubt is given to the student. The student will be informed orally of the decision. The Chair of the Panel or Head of School will inform the student of their decision in writing, normally within 5 working days of the hearing. The penalties which might be imposed are listed in section 1.3, and are discussed in more detail in Appendix 3. The appeals procedure follows in section 1.4. A copy of the letter will be sent to the Registrar and Secretary and to the Head of the student's School if he or she has not chaired the hearing. 1.2.6.2 To a professional body In the event that the Head of School has informed a professional body or other outside agency of the university's internal disciplinary action, the Head of School will send a copy of this written notification of outcome to this body.

1.2.6.3 To an exchange student's home university

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If the student concerned is an exchange student, the Registrar and Secretary will normally send formal written notification of any penalty imposed on a student, together with an explanation of the reason for the imposition of the penalty, to the student's home university.

1.2.6.4 To the student’s college If the student concerned is taking a University of Brighton award at a partner college, the Registrar and Secretary will normally send formal notification of any penalty imposed on a student, together with an explanation of the reason for the imposition of the penalty, to the student’s college. 1.2.7 Professional bodies and accreditation The university acknowledges the right of a professional body to refuse accreditation for a student whose conduct renders them unsuitable for such accreditation, or otherwise to take action against a student whose behaviour infringes a code of professional conduct. If accreditation is refused, a student will normally be permitted to complete their course and to receive the appropriate academic award, but without the professional accreditation. In some cases, however, a student's behaviour may result in the professional or statutory body refusing to allow the student to continue with or otherwise complete some compulsory part of their course (such as a placement). In these cases, the student will be deemed to have disqualified themselves from their course, and the university will accept no responsibility for the student's failure to complete the course. 1.3 Penalties for breaches of disciplinary procedures The following penalties are available to the university for breaches of its disciplinary regulations: For serious misconduct: • permanent exclusion • temporary exclusion • a financial penalty

These penalties may only be decided on by a disciplinary panel.

For minor misconduct: • introduction of a revised contract with the student; • withdrawal of access to specified services or locations of the university for a specified

period of time; • reprimand. These penalties may be decided on by either a panel or Head of School. In cases of temporary or permanent exclusion, the action is one formally taken by the Vice-Chancellor, who will sign a formal letter of exclusion. In cases where the student is taking a University of Brighton award at a partner college, the Vice-Chancellor of the University of

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Brighton and the Principal of the College will agree formal letters of exclusion from the university and from the College in accordance with their respective statutory authority. However, in all instances where the Vice-Chancellor is merely effecting a decision taken under the approved procedure without direct personal involvement, the chair of the panel – rather than the Vice-Chancellor – will be required to attend any appeal hearing. The full range of penalties for breaches of disciplinary regulations is discussed in more detail in Appendix 3. 1.4 The right of appeal A student may appeal against the finding of the panel or Head of School, or against the penalty imposed by the panel or Head of School. An appeal may be made on one or more of the following grounds: (i) that certain evidence was submitted which was not considered by the panel or Head

of School; (ii) that evidence which was not previously submitted, either because it was not available

or because the appellant was for valid reasons unwilling to submit it, has become available; (it is only in exceptional circumstances that evidence which was available previously but not submitted will be allowed at a subsequent appeal);

(iii) that a new witness has expressed a readiness to give evidence, where that witness had either not expressed such a willingness before, or where that witness was not known to be in possession of any material evidence;

(iv) that a procedural irregularity is deemed to have occurred before or during the hearing which may have affected the findings of the panel or the Head of School;

(v) that the penalty imposed at the original hearing is out of proportion to the alleged offence.

A simple rehearsal of the arguments from the original investigation and hearing will not be deemed adequate grounds for appeal. In cases where new evidence is to be submitted, or where a new witness is to give evidence, the nature of this evidence must also be stated.

1.4.1 Appeals against permanent exclusion Students who wish to appeal against permanent exclusion from the university may appeal to the Student Appeals Committee of the Board of Governors. Any appeal must be lodged, in writing, with the Registrar and Secretary within 15 working days of the date of the original hearing and oral notification of the decision, stating the grounds for the appeal and giving notice of any witnesses he or she proposes to call. If the Registrar and Secretary determines that grounds for an appeal exist he or she will convene a meeting of the Student Appeals Committee, giving the student at least 10 working days notice of the day and time appointed for the appeal hearing. The Student Appeals Committee will consider:

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(a) a statement by the student setting out the grounds for the appeal, and; (b) a statement from the Chair of the disciplinary panel setting out the reasons for the exclusion of the student. The student is entitled to be accompanied by a friend or advisor. The Committee may question the parties concerned, and hear the evidence of any witnesses. The Student Appeals Committee may, after private deliberation, either confirm or rescind the decision to exclude the student. The student will receive oral notification of the decision as soon as practicable after it is made; the Registrar and Secretary will provide written confirmation of the outcome within 5 working days of the appeal hearing. 1.4.2 Appeals against other penalties imposed after a disciplinary hearing (of a panel or Head of School) Students who wish to appeal against any other penalty imposed after a disciplinary hearing should do so in writing to the Registrar and Secretary stating the grounds for the appeal. If the Registrar and Secretary determines that grounds for an appeal exist, he or she will convene an appeals panel consisting of:

• a member of the Senior Management Team as Chair; • an appropriate member of staff (normally not a Head of School); • a student appointed by the Students' Union.

No member of the appeals panel may have been involved with the process at any earlier stage, and none may be from the same School as the appellant. In addition, the student representative may not have shared any modules with the appellant. The panel will be drawn from a list of persons which is approved annually for this purpose by Academic Board. The procedure to be used is otherwise the same as that for the Student Appeals Committee of the Board of Governors.

1.4.3 Office of the Independent Adjudicator (OIA)

The Office of the Independent Adjudicator for Higher Education (OIA) provides an independent scheme for the review of student complaints which includes the right to appeal against a final decision by a disciplinary or appeal body. Where a student has completed all the available processes under this procedure, the University will issue the student with a ‘Completion of Procedures Letter’. A student will need to submit his/her application to the OIA within three months of the date of the Completion of Procedures letter. Further information about procedures for referring a matter to the OIA is available from the Legal Adviser or the Students’ Union or can be accessed via the OIA’s website www.oiahe.org.uk.

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Appendix 1 Definition of misconduct

1 Introduction These regulations are not an Act of Parliament or part of the law of the land and they do not therefore seek to reflect or incorporate the approach of the criminal law in defining offences with great precision. The purpose of the regulations is to regulate students' behaviour as students of the university in order to secure the working of the university in the broadest sense. Nevertheless, serious consequences may follow a finding of misconduct. It is therefore necessary in every case for it to be shown that the conduct in question does fall within the general outline before it may be characterised as misconduct. It is also open to a student facing a complaint to argue that the conduct in question, whether or not falling within one or more of the following paragraphs, should not be treated as misconduct because it does not interfere or damage in the manner contemplated within the general outline given above. 2 What constitutes misconduct

Further to the definition given in section 1.1.1 of the main document, the following shall (subject to the above) constitute misconduct: (i) disruption of, or improper interference with, the academic, administrative, sporting,

social or other activities of the university, whether on university premises or elsewhere;

(ii) obstruction of, or improper interference with, the functions, duties or activities of any

student, member of staff or other employee of the university or any authorised visitor to the university;

(iii) violent, indecent, disorderly, threatening or offensive behaviour or language (whether

expressed orally or in writing, including electronically) whilst on university premises or engaged in any university activity;

(iv) making an unauthorised recording of academic activities including lectures; (v) distributing or publishing information in any medium which is offensive, intimidating,

threatening, indecent or illegal or is calculated to make others fearful, anxious or apprehensive;

(vi) fraud, deceit, deception or dishonesty in relation to the university or its staff or in connection with holding any office in the university or in relation to being a student of the university;

(vii) action likely to cause injury or impair safety on university premises;

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(viii) possession of a firearm or replica firearm or other item which may be used as an offensive weapon on University premises, including halls of residences. The restriction on firearms applies whether or not the firearm is licensed.

(ix) personal use, dealing or supply of drugs as defined in the Misuse of Drugs Act 1971

(amended January 2004) and the University of Brighton Drugs and Alcohol Policy.

(x) breaches of, or other failure to comply with, the university's Equality and Diversity Policy, including harassment or discrimination on the grounds of sex, race or disability, in respect of any student, member of staff or other employee of the university or any visitor to the university;

(xi) breach of the provisions of the university's Code of Practice on Freedom of Speech (available in all university libraries) or other rules or regulations of the university;

(xii) damage to, or defacement of, university property or the property of other members of

the university community caused intentionally or recklessly, and misappropriation of such property;

(xiii) misuse or unauthorised use of university premises or items of property including computer misuse;

(xiv) conduct which constituted a criminal offence where that conduct: (a) took place on university premises; or (b) affected or concerned other members of the university community; or (c) damaged the good name of the university. (xv) behaviour which brings the university into disrepute; (xvi) failure to disclose name and other relevant details to an officer or employee of the

university in circumstances where it is reasonable to require that such information be given;

(xvii) failure to comply with a previously-imposed penalty under these regulations. 3 Misconduct prior to becoming a student

In the case of misconduct prior to enrolling as a student which has only just come to light or is still in the process of being dealt with by other authorities then normally no account of this will be taken. The chief exceptions to this would be circumstances where the misconduct is of a serious kind and character such that it raises questions about the fitness of the student to remain a member of the university community, or in relation to vocational courses where the conduct raises questions about the fitness of the student to be admitted to and practise

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that profession. (This is of particular concern in cases where the misconduct prior to becoming a student was such that professional body requirements preclude the possibility of an appropriate placement as is required by the course; in such cases, the student's past misconduct has effectively entailed their withdrawal from the university, but this should not be considered a disciplinary matter, and the student is not excluded on disciplinary grounds).

4 Mental illness

Disciplinary procedures are not appropriate for dealing with misconduct arising from mental ill health. Quite different considerations arise in these circumstances, requiring different remedies based on medical advice. These remedies might include the possible suspension or exclusion of a student, but this would not be on disciplinary grounds.

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Appendix 2 Student discipline and criminal law

1 The university's right to take legal action The university reserves the right to take legal action against a student who is alleged to have engaged in criminal conduct against the university. The university's interest might be triggered because the conduct concerned is closely related to the work of the university, or occurs on university property, or is carried out by a representative of the university. Examples might include stealing or damaging computer hardware or software, library books or laboratory equipment; damage to university property; theft from university staff or students; assault; incitement to racial hatred. In each case, the university may choose to deal with the matter through its own internal disciplinary procedures (see 3.3 and 3.4 below). If the conduct did not take place on university property, or involve either the work of the university or other members of the university, legal action is likely only in cases where a representative of the university jeopardises or damages the good name or reputation of the institution. Other offences would normally be covered by the standard disciplinary procedures. 2 Cases where the university may consider legal action Any action by a student which poses a danger to other members of the university community, or to the good order of the community, will normally be pursued legally. Equally, action which puts at risk the university's relationship with the local community will be considered a proper matter for disciplinary action, and possibly for legal action against the student. Offensive or disruptive behaviour affecting people living next to a student residence may be dealt with on this basis, but the disciplinary process will not be used to enforce contractual relationships between students and other private citizens such as landlords. 3 Treatment by the university of actions which could lead to criminal

prosecution 3.1 Introduction Many instances of misconduct as defined in Appendix 1 are in fact criminal offences. Some, however, are not, and hence will only be dealt with through the university's internal disciplinary procedures. However, any misconduct which constitutes a criminal offence may be reported to the police, either by the university or by an individual, and thus treated as a legal matter. 3.2 Cases where no internal action is taken

As with any complaint of misconduct, it may be ruled at an early stage that no internal disciplinary action should be taken. This might be because it is in the hands of the police, which would suffice, or that disciplinary action is not called for even if not the subject of police investigation or prosecution. Disciplinary action does not have to be taken simply because a

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complaint has been made and a prima facie case exists. The university has discretion as to whether formal disciplinary action is necessary or appropriate.

3.3 Cases where internal action is taken

There are some examples of misconduct which, although clearly offences against the criminal law, would not be treated as serious by the police and would usually lead to no more than a caution. In such cases, the university will normally use its internal procedures, even when there has been neither police investigation nor prosecution. Examples of such offences might be slight damage to, or theft of, one library book; slight damage to other university property; a minor scuffle. In cases where the police or the courts have become involved, the university may choose to await the outcome of any proceedings before deciding whether to take any further action internally (although this may involve considerable delay). Once legal action has begun, any decision to proceed with internal action will be taken by the Vice-Chancellor.

3.4 Cases where internal action is deferred

The university recognises that there are offences of such seriousness that substantive internal action prior to police investigation is out of the question. Allegations of rape and other sexual assaults, other serious offences against the person and the supplying of controlled drugs are examples of cases that must be investigated by the police and considered by the prosecuting authorities before they can be handled internally, even if the student suspect or victim/complainant or both express a strong preference for the matter to be dealt with internally. Equally, there is a further range of offences which, although not as serious as those mentioned, would nevertheless warrant full police investigation. In all these cases, the disciplinary process may be instituted but should then be deferred immediately, except for the possibility of suspension as provided for in section 1.2.2 of the Student Disciplinary Procedure.

The university takes this view for two major reasons:

(a) there may be factual conflict relevant to penalty which the hearing is unable to resolve satisfactorily;

(b) there may be subsequent challenges caused by a change of mind of one of the parties.

In cases where the university institutes and then immediately defers its disciplinary proceedings pending a police investigation, the student's Head of School will also write to any professional body which accredits the course or part of the course and inform them of the situation. Likewise, the outcome of any criminal proceedings should be communicated to the professional body in writing. In circumstances where a criminal prosecution is not taken then exceptionally the university may decide to proceed internally, but only where it is clear that the decision not to prosecute is based upon some special factor which has nothing to do with the quality of the evidence.

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4 Referral to the police The university recognises three basic propositions regarding reporting a possible criminal offence: (a) anyone may report such matters to the police; moreover, anyone may launch a

private prosecution; (b) as a corollary to this, no one may prevent anyone else from reporting or referring; (c) there is generally no legal obligation or requirement to report alleged or suspected

crimes to the police in virtually all circumstances. Where an incident has taken place which has not been reported to the police by any victims or third parties then the Vice-Chancellor may decide, having due regard to the seriousness and sensitivity of the matter and after any appropriate consultation, to report the matter to the police. In circumstances where there is a victim other than the university, it will normally be for that person to report the matter, or for the university to act on his/her behalf. Only in exceptional circumstances will the university report an alleged crime to the police contrary to the wishes of the victim. This approach is based on the grounds that otherwise there might be students who would not inform the university of the allegation and would therefore forgo the support and care which they might need. The university can envisage some situations where the public interest makes the circumstances of such an exceptional nature that it may have to report the allegation to the police, or to some other statutory body as appropriate (such as the Office of the Information Commissioner). The policy of the university is to encourage students who are victims of serious crimes to report the incidents to the police. In circumstances where a victim will not report a matter to the police or will not co-operate in their enquiries, the university will not use its internal procedures. 5 Action following a criminal hearing

The university is free to take disciplinary action following a court hearing. The court's verdict will be accepted in so far as it is relevant. A penalty may be imposed by the university itself, despite any criminal penalty imposed following a court conviction. The Vice-Chancellor shall determine whether any formal disciplinary action shall commence in such circumstances.

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Appendix 3 Penalties

1 Penalties for breaches of disciplinary procedures 1.1 Summary The following penalties are available to the university for breaches of its disciplinary regulations: For serious misconduct: • permanent exclusion; • temporary exclusion; • a financial penalty. These penalties may only be decided on by a panel. For minor misconduct: • introduction of a revised contract with the student; • withdrawal of access to specified services or locations of the university for a specified

period of time; • reprimand. These penalties may be decided on by either a panel or a Head of School. In addition, any of these penalties might be suspended for a specified period, coming into effect only in the event of a further transgression. Temporary or permanent exclusion is action taken formally by the Vice-Chancellor. All panels are attended by a member of Academic Services staff who, acting on behalf of the Registrar and Secretary, will advise on procedures; in addition, Heads of School are expected to consult the Registrar and Secretary on procedures for hearings. This is to ensure consistency across the institution. The penalties are discussed in more detail below. 1.2 Permanent exclusion The university reserves the right to permanently exclude students on disciplinary grounds. If a student is excluded for disciplinary reasons when on a placement away from the university, the Registrar and Secretary will write to the body concerned informing them of the university's decision and instructing the student's immediate withdrawal from that placement.

1.3 Temporary exclusion The university reserves the right to exclude from the institution for a specified period a student found guilty of serious misconduct. As exclusion from all university property and

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services withdraws the student from their learning environment, both in terms of academic classes and in terms of other academic services (such as access to the libraries or computer facilities) and might also remove the student's right to a grant, this will be a rarely used penalty. Panels minded to impose a penalty of temporary exclusion will consider carefully whether such a penalty can be imposed without seriously damaging the student's prospects of continuing and completing the course. 1.4 Financial penalty The university is aware of the financial hardship of many students, and hopes that the existence of this possible penalty will serve as a deterrent, and that such penalties will not need to be used on a regular basis. The Vice-Chancellor should, from time to time, determine the maximum level of fine. The precise level of any fine will be determined by the Panel taking into account the advice of the Registrar and Secretary and may take into account any loss to the university. Such revenue as is raised through the levying of financial penalties should be added to the Student Hardship Fund. 1.5 Introduction of a revised contract with the student In some circumstances, it may be considered that the most appropriate action would be to revise the contract between the university and the student. This might be done in a number of ways, for instance by: introducing additional attendance requirements; requiring a deposit to be lodged with Information Services before the facilities are used, as a surety against possible damage; introducing shorter loan periods for books; or any other similar measures which appear appropriate. 1.6 Withdrawal of access to specified services or locations of the university for a

specified period of time It may be that, in certain circumstances, withdrawal of access to certain services or locations of the university for a specified period of time would serve as an appropriate penalty. This would be particularly relevant where damage or disturbance was caused on a site not regularly used by the student, or not essentially used as a part of the student's course. However, as in the case of temporary exclusion from the institution (see 1.3 above), care must be taken to ensure that the student's capacity for learning and for attempting meaningful academic work is not lessened in an unintended way. However, some services might reasonably be withdrawn in some cases. The student’s Head of School will liaise with the Head of the service provider department, e.g., the Head of Information Services.

1.7 Reprimand The Head of School or panel may issue a reprimand. This will remain on the student's record throughout their time at the university, and will normally be taken into account when a subsequent reference is written to an employer. In particular, the university has a legal duty

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to inform potential employers during a sandwich year of any misconduct on the part of the student. 1.8 Payment for damage A student may be required to pay for any damage to, or loss of, property of the university or a member of it as a result of their actions. The extent of any such payment for damage or loss will be determined by the university. The procedure for dealing with those in debt to the university is included in section 4D. 2 Failure to comply with a penalty Failure to comply with the outcomes of any disciplinary action is a disciplinary offence in its own right, as stated in Appendix 1, section 2 (xvi). 3 BSMS Students 3.1 Misconduct BSMS students shall be subject to the University of Brighton’s regulations and procedures for addressing alleged misconduct, save that in respect of disciplinary issues arising from interference with the grounds, halls or property of the University of Sussex, or interference with the well-being of staff or students of the University of Sussex, the disciplinary procedures of the University of Sussex will apply. 3.2 Procedure Initial evidence of a student’s alleged misdemeanour will be forwarded to the Registrar and Secretary of the University of Brighton. The Registrar and Secretary will inform the Academic Secretary of the University of Sussex and thereafter commission a report on the allegation from the Dean of BSMS or relevant Head of Department. On the basis of this report the Registrar and Secretary of the University of Brighton will decide whether the case should be dealt with by the Dean or by a Disciplinary Panel. In cases where it is necessary to consider temporary suspension or exclusion, then the decision will be taken jointly by the Vice-Chancellors of both Universities. The Disciplinary Panel will be chaired by the Dean of BSMS (unless he or she is implicated in the alleged misdemeanour) and will include two members of academic staff, from a different School in each university and two student members, one each appointed by each university’s Students’ Union. Should the defendant be found guilty of a misdemeanour which calls into question their fitness to practise, the Disciplinary Panel will refer the case to the BSMS Fitness to Practise Committee. Should the decision of the Disciplinary Panel (and/or the Fitness to Practise Committee) recommend that the student be excluded, then the decision to exclude must be agreed by the Vice-Chancellors of both universities.

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3.3 Appeal In the event that a student wishes to appeal against the decision of the Disciplinary Panel an Appeals Panel will be convened following the procedure at 1.4 of the Student Disciplinary Procedure above save that any such Appeals Panel will comprise representatives of both Universities at the appropriate level (e.g. for Appeals against exclusion the panel will comprise members of the University of Brighton’s Board of Governors and the University of Sussex Council). 3.4 Office of the Independent Adjudicator (OIA) The Office of the Independent Adjudicator for Higher Education (OIA) provides an independent scheme for the review of student complaints which includes the right to appeal against a final decision by a disciplinary or appeal body. Where a student has completed all the available processes under this procedure, the University will issue the student with a ‘Completion of Procedures Letter’. A student will need to submit his/her application to the OIA within three months of the date of the Completion of Procedures letter. Further information about procedures for referring a matter to the OIA is available from the Legal Adviser or the Students’ Union or can be accessed via the OIA’s website www.oiahe.org.uk.

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Appendix 4 Disciplinary procedures for students in Halls of Residence and university-managed housing

1 Introduction

While the university's right to take disciplinary action against student residents in Halls of Residence or in private sector accommodation managed by the university is established through the general definition of misconduct in the disciplinary code, the regulations which follow apply specifically to misconduct which occurs in the buildings, grounds of halls or the managed property.

Where the student is a member of a partner college, the student is nevertheless subject to the University’s Formal Regulations, in addition to being subject to the partner college’s regulations. The university may take disciplinary action itself against a partner college student who is in breach of his or her obligations in this agreement and/or refer the matter to the partner college for such action as it deems appropriate.

Some behaviour constitutes a serious disciplinary offence (defined as serious misconduct in the general regulations), and will be handled as such (see 3.4 below). Serious misconduct is misconduct for which exclusion from the university or a financial penalty is a possible outcome if the student is found guilty.

The Head of Residential and Catering Services, who may delegate his or her responsibilities to a senior member of the residential staff, will normally deal with cases of minor misconduct as an internal offence. The decision as to whether misconduct shall be treated as minor (internal) or serious is made by the Head of Residential and Catering Services or nominee in consultation with the Registrar and Secretary.

2 Definition of misconduct

There is no exhaustive list of the types of behaviour which are unacceptable for residents in a Hall of Residence and university-managed housing. However, in general, all students should abide by the definition of misconduct in the general Student Disciplinary Procedure and its appendices, especially noting that 'obstruction of, or improper interference with, the functions, duties or activities of any student, member of staff or other employee of the university or any visitor to the university' constitutes misconduct. Any misconduct by a student resident on the premises of a Hall of Residence or a managed property will be investigated under these procedures. Further, the behaviour of a guest of a student resident is the responsibility of the student resident, who may therefore be required to answer for their guest and may be liable to disciplinary action, including payment for any damage caused and/or a further penalty for the behaviour itself.

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3 Types of misconduct

3.1 Unreasonable behaviour

Some behaviour is unreasonable rather than being a genuine instance of misconduct. Such offences include unacceptable noise levels, or untidiness in a communal area. This behaviour will normally be dealt with informally, for example by a Residential Advisor or another member of staff within Residential and Catering Services. All residents in halls and university-managed housing are expected to behave with due consideration for others, be they students, staff, neighbours or visitors to the premises, and to take such others into account at all times12.

3.2 Persistent unreasonable behaviour

If a student continues to behave unreasonably after receiving due warning from a member of residential staff, this will be treated as an internal disciplinary offence (hereafter 'internal offence'). Such behaviour should be reported to a senior member of residential staff, who will determine whether there is a prima facie case to answer. If there is, the senior member of staff should follow the procedure described at 4 below.

3.3 Behaviour which is causing concern

Some types of behaviour are not acceptable although not serious enough to warrant treatment as 'serious misconduct' under the university's formal disciplinary procedures. This includes behaviour which clearly breaches the Tenancy Agreement signed by the student. Instances of such behaviour should be reported to a senior member of residential staff, who will decide whether there is a prima facie case to answer. If there is, the senior member of staff should follow the procedure described at 4 below.

3.4 Serious misconduct

If the allegation made against a student resident is such that a finding against the student might result in a financial penalty or exclusion from the university, the senior member of residential staff should refer the matter immediately to the Registrar and Secretary, who will institute proceedings under the general Student Disciplinary Procedure. In cases where the offence might lead to a serious criminal charge, or where the senior member of residential staff or the Head of Residential and Catering Services judges that the life or health of the student concerned, other students, members of staff or visitors might be endangered, the student may be required to leave the residences with immediate effect, pending the establishment of a formal disciplinary hearing. This move is entirely at the discretion of the Head of Residential and Catering Services, who will report the action in writing to the Registrar and Secretary within two working days. Suspension from halls of residence or university-managed housing pending a formal hearing will not be added to the student's record, and does not constitute an indication of guilt. 12 It should be noted that a resident whose behaviour is influenced by alcohol or any other substance, whether legal or restricted, will not be treated more leniently as a result. The same rules, and hence the same notional penalties, apply to all students at all times. While circumstances may be taken into account in each case, the fact that a student was under the influence of alcohol or other substance will not normally constitute grounds for a more lenient consideration of their case.

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4 Procedure for dealing with internal offences

The senior member of residential staff to whom the internal offence has been reported will conduct an investigation into the circumstances which gave rise to the allegation, or will nominate another member of staff from the Hall to do so, and will conclude this process with an interview with the student. A friend or advisor may accompany the student at this interview.

The student will be sent written notification of the date and time of the interview, and should normally be given five working days' notice. The substance of the allegation, together with any written evidence which is to be considered, will be made available to the student and the student's friend or advisor at least three working days before the hearing. In cases where the student might pose a danger to themselves or to other residents, interviews can be held at shorter notice; approval for this must be gained from the Head of Residential and Catering Services.

After the interview, the senior member of residential staff should reach a decision based on the evidence, giving the student the benefit of any reasonable doubt. The student will be informed orally of the penalty which is to be recommended to the Head of Residential and Catering Services, or possible future penalties which their behaviour might warrant. This recommendation will be sent to the Head of Residential and Catering Services, together with the rationale for the decision; the Head of Residential and Catering Services will then send formal written notification of the penalty to the student within five working days of the hearing.

A copy of this notification should also be sent to the senior member of residential staff who conducted the interview. It is open to the senior member of residential staff to decide that the case is more serious than at first alleged, and is an instance of serious misconduct which should be referred to the Registrar and Secretary. In such cases, the senior member of residential staff should inform the student orally of their decision, and send a written report of the interview to the Registrar and Secretary, who may either:

(i) refer the matter back to the member of residential staff and Head of Residential and Catering Services for a penalty to be imposed, if he/she does not deem it to be a matter of serious misconduct; or

(ii) institute formal disciplinary proceedings at a university level if he/she deems that it may be a matter of serious misconduct.

Formal written notification of the Registrar and Secretary's decision should be sent to the Head of Residential and Catering Services, the senior member of residential staff who conducted the interview and the student within two working days of the referral.

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5 Penalties for internal offences

5.1 Reprimand

In most cases, a reprimand may be the most appropriate penalty. A reprimand will be put on the student's residence record, and will remain there throughout their time at the university. Reprimands will normally be mentioned on any future housing reference; further, a student who has received a reprimand for an internal offence will not normally be considered for any university owned or managed accommodation in future.

While reprimands are often appropriate, a record of previous reprimands may indicate the need for a more serious penalty. Members of residential staff should be aware that, even in cases where a reprimand might normally be appropriate, a stronger penalty might be required if a student has already given cause for concern.

5.2 Removal of certain specified privileges

There may be cases where certain privileges are taken away from a resident student. For example, if difficulties follow visits by guests, a student might be forbidden to have further visits or overnight stays by guests. The removal of such privileges, which may or may not be of a specified duration, should be clearly related to the offence for which this is a penalty.

5.3 Withdrawal of access to certain specified locations or services of the Halls of Residence or university

There may be occasions where the most appropriate penalty would be the withdrawal of access to certain specified locations or services of the Halls of Residence or the university, which may or may not be for a specified period of time. In Halls of Residence, services which might be withdrawn may include use of the bar and/or common room facilities, computing facilities or the launderette. Such penalties should be clearly related to the offence for which this is a penalty. Members of residential staff should be aware that such a penalty should only be introduced if it can be enforced satisfactorily.

6 Penalties for offences of serious misconduct

A disciplinary panel convened to consider a case of serious misconduct by a resident student may impose any penalty available under the university's main student disciplinary procedure. Additionally, the panel has available to it the following further penalty.

6.1 Notice to leave

Failure to comply with the terms of the Tenancy Agreement may, in the case of a serious breach, result in the termination of the Agreement and exclusion from the accommodation on terms that the university shall determine, as set out in the Agreement signed by the student. Notice to such effect should be formalised, in writing, by the Head of Residential and Catering Services within 24 hours of the interview with a senior member of residential staff. This letter will also inform the student of their right to appeal. A written report must also be sent within 24 hours to the Registrar and Secretary. Varying amounts of notice may be given,

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depending on the nature of the offence. Notice to leave will be in accordance with current legislation.

7 Appeals

Students are entitled to appeal against the decision of the Head of Residential and Catering Services (in the case of an internal offence) or of a disciplinary panel (in a case of serious misconduct). An appeal may be against either the finding of the hearing, or the severity of the penalty imposed. The appeal process to be followed is as set out in section 1.4 of the Student Disciplinary Procedure.

In determining the membership of a panel to hear an appeal by a resident student found guilty of misconduct in, or connected with, Halls of Residence or university-managed housing, the Registrar and Secretary shall seek to ensure that the staff member of the panel (who shall not be from the same School as the student) has current or recent experience of a supervisory role. The student member of the panel may not be from the same Faculty as the appellant, nor have been a resident of the Halls or university-managed housing where the appellant is resident.

8 Students’ Union Disciplinary Procedures

Disciplinary action can also be taken by the Students' Union, as approved by the Board of Governors. Copies of the Students' Union constitution are held in Students' Union offices, libraries, School offices and university Student Offices.

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4B Fitness to Practise Procedure 1 Introduction This procedure applies to students studying for an award leading to registration with a professional body or who are already registered but continuing a course of study (the term “professional body” includes statutory or regulatory bodies and the term “student” includes prospective students or applicants). The professional standards to be applied in this procedure will be those contained in the codes of conduct set down by the professional body which accredits or approves the course together, where relevant, with any code of conduct issued by the University. This procedure applies to all students on University of Brighton courses, wherever they are based and to all students on other courses but currently based at University of Brighton. This document is designed to outline a consistent and fair procedure for addressing “Fitness to Practise” (or “Suitability to Practise” in some schools) across the University subject to grounds for referral and sanction as defined by the relevant professional body. Advice should be always sought from the professional body at the outset of this procedure, with clear reference to the appropriate code of conduct/requirements. 2 Procedures 2.1 Initiation of the procedure Any concerns that a student may have breached professional standards or may suffer from a health problem that might prevent admission to the relevant profession must be reported without delay to the student's Head of School, with any available evidence enclosed, and a copy sent to the Registrar and Secretary. Members of partner institutions or placement providers may also report such concerns to the appropriate staff in the University. By reference to the appropriate code of conduct or requirements, the Head of School may at this point decide that there is no case to answer or that the allegation does not relate to a matter of fitness to practise but should properly be considered under another University procedure (e.g. Student Disciplinary Procedure). If the student is on a placement as part of their course, the Head of School will normally seek the opinion of the person currently responsible for the student, if the alleged action calls into question the student's suitability to continue on this placement, their own safety or that of others. Once an allegation is received, the Head of School shall appoint an appropriate member of staff to investigate the allegation. This person shall prepare a written report, which shall be made available to the Head of School, who will make a decision on whether there is a case to answer. The appointed person may interview any witnesses as appropriate, and their

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report may, if necessary, include signed and dated witness statements. If the person appointed to undertake this investigation is not the professional lead with the most knowledge of the relevant professional code, then this person should be available to advise the Head of School in their consideration of the case. Both the investigation and any resulting hearings should be carried out within a reasonable time. If the allegation brings into question the student’s fitness to practise on the grounds of physical or mental ill health or disability, the student may be referred to an appropriate occupational health professional or other specialist for preparation of a report for consideration by the Fitness to Practise Panel. An individual assessment of whether reasonable adjustments are appropriate will be undertaken in accordance with the Equality Act 2010. If the student elects not to attend or cooperate with such referral, then a subsequent Panel may draw appropriate inferences. If, in the judgment of the Head of School, there is no case to answer, he or she will inform the student in writing as soon as possible upon receipt of the report. If, in the judgment of the Head of School, there is a case to answer, the Head of School will convene a formal Fitness to Practise Panel to deal with the case. The Head of School will inform the student in writing of the nature of the allegation which has been made against them, enclosing a copy of this procedure. They may also, if appropriate, inform the professional body that a case has been brought against a potential or existing registrant. 2.2 General provisions for hearings In reasonable time before the hearing the student will be given copies of any documents to be considered and will be advised of their right to be accompanied by a friend or adviser. The name and details of this companion should be notified to the Chair of the Panel in good time before the hearing. The Panel will consider the applicable professional code of conduct and/or professional requirements and, where relevant, witness statements. If the student wishes to call any witnesses, they should inform the Chair of the Panel at least 5 days in advance of the date of the hearing. The Panel will also accept any written evidence submitted by the student in advance of the hearing. If the student fails to attend without good reason, a decision will be made in his or her absence. Normally, the Fitness to Practise panel should consist of:

• a Head of School or Dean (or Deputy) in the University as Chair, • the Course or Programme leader or professionally qualified member of staff from the

same discipline as the student (who has not previously been involved in this matter) and

• any member(s), including senior external practitioners, as required by the relevant

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professional body or co-opted by the panel.

It is not appropriate for any member of the panel to have held a formal role with direct responsibility for the student (e.g. personal tutor) and members of the panel with prior knowledge of the student should declare their interest to the Chair of the panel as soon as they are invited to attend the hearing. The person appointed to investigate the allegation will present their report to the Panel on the day of the hearing.

The University Legal Adviser will advise the panel on procedural matters. 2.3 Outcome of the Fitness to Practise hearing At the end of the Fitness to Practise hearing, the student and the student's friend or adviser will be asked to leave the room while the Panel considers the outcome. The decision will be based on the evidence on the balance of probabilities. The outcome agreed by the Panel may be, but is not limited to, one of the following:

(i) There are no grounds for concern regarding the student’s fitness to practise, in which case the matter will be dismissed and the student receives no warning or sanction.

The student’s fitness to practise is considered to be impaired, and the student receives a sanction; beginning with the least severe, the sanctions are:

(ii) permit the student to continue the course with appropriate advice and

guidance; (iii) permit the student to continue the course but issue the student with a warning; (iv) permit the student to continue the course but require the student to sign a

written undertaking; (v) permit the student to continue the course subject to specified conditions; (vi) suspend the studies of the student for a specified time; (vii) require any other action considered appropriate by the Panel to enable the

student’s successful completion of the remainder of the course; (viii) recommend that the student’s studies on the course leading to a professional

qualification be terminated but, if appropriate, permit the student to exit from the programme with an alternative award;

(ix) recommend that the student’s studies on course be terminated and that his/her registration as a student of the Universities should cease.

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2.4 Notification of the outcome If the decision cannot be given on the day, the Chair of the Panel will normally confirm the decision in writing as soon as possible after the hearing. A copy of the letter will be sent to the student’s Head of School if he or she has not chaired the hearing. In the event that the Head of School has informed a professional body or other outside agency of the University's action under the Fitness to Practise procedure, the Head of School will send a copy of this written notification of outcome to this body. If the student concerned is taking a University of Brighton award at a partner college, the Head of School will normally send formal notification of the outcome, together with an explanation of the reason for the decision, to the student’s college. If the outcome was a recommendation of permanent exclusion, the notification should be sent to the Principal of the college. If the student concerned is registered at another institution, for example an exchange student, the Head of School will normally send formal written notification of the outcome, together with an explanation of the reasons for the decision, to the student's home university. 3 The right of appeal A student may appeal against the findings of the Fitness to Practise panel. An appeal may be made on one or more of the following grounds only:

(i) that certain evidence was submitted which was not considered by the panel; (ii) that evidence which was not previously submitted, either because it was not

available or because the appellant was for valid reasons unwilling to submit it, has become available; (it is only in exceptional circumstances that evidence which was available previously but not submitted will be allowed at a subsequent appeal);

(iii) that a new witness has expressed a readiness to give evidence, where that witness had either not expressed such a willingness before, or where that witness was not known to be in possession of any material evidence;

(iv) that a procedural irregularity is deemed to have occurred before or during the hearing which may have affected the findings of the panel. Appeals in this category must specify the nature of the irregularity which is thought to have occurred.

(v) that the decision is perverse or manifestly against the weight of the evidence.

A simple rehearsal of the arguments from the original investigation and hearing will not be deemed adequate grounds for appeal. In cases where new evidence is to be submitted, or where a new witness is to give evidence, the nature of this evidence must also be stated. Appeals should be made in writing to the Registrar and Secretary within 10 days of the notification of the decision of the Fitness to Practise panel. The Registrar and Secretary will

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then decide whether the appeal meets any of the grounds listed above. If the decision is taken that there are no grounds for appeal, the student will be informed in writing as soon as possible after receipt of the appeal by University. If it is identified that there are grounds for appeal, the Registrar and Secretary will take the appropriate action according to the outcome of the Fitness to Practise panel. This appeal may take one of two routes:

(i) For outcomes short of a recommendation of permanent exclusion, the case may be

returned to the original panel for further consideration, following the procedures described in section 2.2. If the grounds of appeal are covered by (iv) or (v) above, and relate to the conduct of the panel, the Registrar and Secretary may be required to form a new panel according to the same procedures, but with a different membership.

(ii) If the outcome is a recommendation of permanent exclusion, an Appeals Panel, whose members were not members of the original Fitness to Practise Panel, will be constituted.

Normally the Appeals Panel will consist of:

• A Dean, Head of School or other member of Senior Management as Chair, • a professionally qualified member of staff from the same discipline as the student and • any member(s), including senior external practitioners, as required by the relevant

professional body or co-opted by the panel The decision of the Appeals Panel will be notified as soon as possible following the procedures described in 2.4 above.

4 Office of the Independent Adjudicator for Higher Education A student may complain about the Appeal Panel’s decision (or any decision short of the Appeals Panel that effectively brings the internal process to an end) to the Office of the Independent Adjudicator. Details of how to complain can be found at: http://www.oiahe.org.uk.

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4C Library and Media Centre Rules

Observance of Information Services Library and Media Centre rules will ensure that all services benefit the maximum number of users. These rules supplement the university regulations as stated in the Student Handbook. If these rules are broken, the university may invoke its disciplinary procedures. Penalties may include exclusion from the university and three-figure fines.

Everyone who uses the Library and Media Centre facilities is subject to the university’s Regulations and Health and Safety Policy. These require everyone using these facilities to take all reasonable and practicable precautions necessary for their own safety and the safety of others.

1 Membership

1.1 All students registered on University of Brighton courses become library members automatically. Staff may become members by application.

1.2 University staff who are also enrolled as students are entitled to use both their staff and student UniCard/library cards.

1.3 Visitors may use the university libraries for reference on condition that they show proof of identity when asked.

1.4 Members enrolled as external borrowers may use the libraries as indicated in the separate Guide to External Membership.

1.5 Visitors, External and Partner College members are not eligible to use Media Centre services.

1.6 All users must show a current UniCard/library card or other form of identification upon request.

2 Borrowing

2.1 Items may only be taken out after they have been issued. Any attempt to remove items without having them issued may be regarded as attempted theft.

2.2 Items will only be issued against a current UniCard/library card, which must be produced each time an item is borrowed.

2.3 UniCard/library cards are not transferable to another person.

2.4 Each user is responsible for all items issued on his/her card. Users must immediately report the loss of a UniCard/library card to the library. There is a charge for replacement cards.

2.5 Library items will not be issued during the 15 minutes before closing time.

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2.6 Communications will generally be sent by email. Users are expected to check their University email account for Library notices. Information Services cannot accept responsibility for the delay or failure of delivery of email or postal notices.

2.7 Borrowed items must be returned or renewed on, or before, the due date. Fines are payable on overdue desk loans and 7-day loans, and on long loans if they have been recalled for another user.

2.8 Users will be unable to borrow further loans until all outstanding fines are paid in full.

3 Damage and loss

3.1.1 All facilities, resources and equipment should be used according to instructions; an induction may be necessary for facilities and equipment provided by Media Centres.

3.2 Items must not be mutilated, defaced, marked or otherwise damaged in any way.

3.3 All items for loan must be issued at the Self-Service machines or at the Help Desk. Attempted removal of damaged or mutilated items may result in the initiation of disciplinary procedures..

3.4 A charge will normally be made for the replacement or repair of lost or damaged items.

3.5 Users must not tamper with equipment in any way.

3.6 Users must return every loaned item and clear all debts before leaving the university; legal action may be taken to recover outstanding debts, and students in debt to the university may have their award certificates withheld.

3.7 Students may be subject to the university regulation governing progression or transfer if all items are not returned and debts are unpaid at the end of every session.

4 Behaviour

4.1 You may eat or drink only in designated areas; bottled water is permitted throughout.

4.2 If you wish to use MP3 or other players you must ensure the volume does not disturb others.

4.3 Mobile phones may be used only in designated areas.

4.4 You may not bring animals other than guide dogs into the libraries or media areas.

4.5 Users must respect the noise zoning areas by not making noise that disturbs others.

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4.6 Users will be required to leave and may be subject to disciplinary procedures if they persist in causing undue disturbance or disregarding the above specific prohibitions or general rules.

4.7 Users may be required to allow staff to inspect the contents of their bags and cases or clothing if there is reasonable suspicion of attempted theft.

4.8 Copyright law must be strictly observed at all times. Audio-visual and slide material must not be copied, or be shown to fee-paying audiences.

4.9 All facilities must be kept and left in a clean and tidy condition, and the physical fabric of the building or equipment and fittings must not be tampered with or abused in any way.

4.10 Equipment and facilities are for University of Brighton activities only.

5 Working in the Media Centres outside supervised hours

5.1 At sites where evening and/or weekend use of Media Centre facilities is available, access will be restricted to those assessed capable of working without supervision.

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4D Information Systems Security and Information Interception Policy

1 Purpose

The university data and voice networks, and the information and communication systems connected to them, have become vital to the core operation of the university; these systems are an integral part of the teaching, learning, research and administration processes. It is important that access to networked information and communications systems is managed so as to maximise the effective use of resources, while minimising potential risks to services, and protecting the privacy of those communications.

This University of Brighton Information Systems Security and Information Interception Policy (hereafter known as The Security Policy) is approved by the Information Strategy Committee (ISC) and is formally reviewed annually, taking into account:

• the prevailing legislation;

• the university’s mission statement and core aims;

• the views of interested parties including both providers and users;

• the terms and conditions of the JANET academic network operated by UKERNA;

• the terms and conditions of the LeNSE network;

• the terms and conditions of interconnection with appropriate partner agencies;

• the university’s risk management activities.

The Security Policy seeks to: protect the university from legal liability; protect the privacy of electronic communications of individuals; protect the good name of the university; and ensure the effective operation of electronic information systems in supporting the processes of the university.

2 Responsibility for Implementation of the Security Policy

The Security Policy is based on the collaborative approach under the maxim 'a chain is only as strong as its weakest link'. All members of the university have a responsibility towards maintaining the security of its information and communications systems.

Members of the university and other registered users fulfil this obligation by observing:

• Conditions of Use of University of Brighton Computing Facilities, Including Networks;

• University of Brighton Information Systems Security and Information Interception Policy: Using Information Systems.

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Members of the university who manage information systems have additional responsibilities, identified in University of Brighton Information Systems Security and Information Interception Policy: Managing Information Systems. All of these documents are widely published, including copies on staffcentral and studentcentral.

Every member of the university and all other registered users have the responsibility to ensure that their activities remain within English Law and conform to these policies. Failure to observe these policies may not only put at risk the integrity of the university’s systems and but also lead to disciplinary action.

3 Information Interception

The Conditions of Use of University of Brighton Computing Facilities, Including Networks (the Conditions of Use) advises registered users of the legal right of the university to intercept communications for any of the purposes for which it is authorised under the Regulation of Investigatory Powers Act (2000). The university adheres to the rules for legitimate interceptions as defined in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations (2000).

Members of the university have unfiltered access to the web, email and other Internet and electronic communication services, except under the following conditions:

• when an activity would, or could, severely disrupt the legitimate activities of other members of the university;

• when an activity would, or could, severely affect the integrity or performance of the communication or storage facilities of the university or those of its suppliers;

• when an activity would, or could, create a significant financial cost for the university;

• when unfiltered access to a service would, or could, jeopardise that service for a wider academic community;

• when an activity would contravene the Laws of England or the university’s Conditions of Use.

The university does not routinely monitor the content of information stored and/or transmitted in electronic format (such as those in emails, telephone calls etc).

The university monitors the flow of electronic communications traffic, including the logging of: telephone calls; email messages; web sites accessed; and services accessed through studentcentral. The university marks suspected spam email messages at its mailhub and delivers such messages to the user’s inbox. The university routinely operates anti-virus software and automatically takes measures to intercept email messages suspected of containing viruses (these measures might include deletion or return to sender without notifying the intended recipient). These operations are taken to protect the integrity of the proper and legal operation of its information and communication systems. The monitoring procedures employed respect the privacy of the contents of the communications.

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Records of logins are retained for a maximum of six months. Contact information concerning users of the university’s systems are retained up to one year after the closure of an account. Web traffic activity logs are retained for three months. Records of services accessed through studentcentral are retained for up to eight weeks after the completion of a module. Telephone call records and records of email traffic activity are retained for two years. No other electronic activity logs are retained for more than one week.

Only under the following circumstances might the contents of electronic communications be monitored, examined and recorded:

• establishing the existence of facts to ascertain compliance with regulatory or self-regulatory practices or procedures;

• in the interests of national security;

• preventing or detecting crime;

• investigating or detecting unauthorised use;

• ensuring secure, effective systems operation [such as detecting and deleting known threats to the proper operation of the information and communications network, such as viruses and recognised malicious, or unsolicited bulk, email or attachments; checking the relevance of communications to university business in the event of unusual electronic communications traffic flows].

Requests for interceptions and examinations (which may include temporary or permanent removal of information) under the criteria identified above require the formal and explicit authorisation by the appropriate member of the university’s Senior Management Team.

Access to essential business communications for a period when a member of staff is unavailable (e.g. due to illness, maternity leave, fieldtrip etc) can be authorised by the Director of Personnel or any member of the Senior Management Team upon the request of the appropriate Head of School or Department. This procedure can only be invoked after reasonable efforts have been unsuccessful in contacting that member of staff, or that member of staff is unable to access the communications themselves. This procedure does not authorise accessing communications of a personal or confidential nature; the Head of School or Department making the request is responsible for ensuring that only the pertinent business communications related with the request are accessed.

Interception activities and procedures are monitored by the Director of Information Services who is responsible for the implementation of these policies and procedures. All intercepted data with personal content is processed in compliance with the Data Protection Act, 1998.

The university minimises the inspection of content of electronic communications and transactional data in using its best endeavours to deliver or dispose of material that cannot be routed directly to the intended recipient(s).

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Support tools to allow support staff to provide real-time remote diagnosis and resolution of problems may be installed on some systems. No individual computer system will be accessed without the member of the university using that system first giving their express permission.

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4E Students in debt to the university

1 General principle

The university will take action (set out in 3.2) to recover all outstanding debts owed by students.

The university will encourage students in financial difficulty to seek advice or counselling from the Student Services Department (Student Advice Team), from the Students' Union or from an agency external to the university.

No student is allowed to enter a repeat year of study, proceed to a subsequent year of a course, transfer to any other course within the university or receive a final award unless all outstanding tuition fee debts have been paid. In addition, a student may be excluded during the academic year if a debt for tuition fees is overdue.

The university reserves the right to amend its policy on debt management and collection from time to time, in the light of prevailing circumstances

2 Action taken against students in debt

2.1 General

There are three general categories of debt: tuition fees, accommodation fees and sundry debts.

2.2 Tuition fees

Students are responsible for the payment of all tuition and registration fees irrespective of how these are funded. Tuition fees become due at the start of the academic year in which students have enrolled / re-enrolled. If students are able to produce evidence that their fees are to be paid by the Student Loan Company (SLC), Student Finance England (SFE), or a sponsor, the university will invoice the SLC, SFE or the sponsor directly. In all other cases, students are required to make arrangements to pay their tuition and registration fees personally. The university will collect the due fees via one payment in full (usually before the 1st November).

For fully self-funded students there is an option to pay by up to six instalments via recurring card agreement (paid by either debit or credit card) usually ending in March of the relevant academic year.

For each instalment option a student will be provided with details of the relevant payment dates. If a payment date is missed, the debt will be considered overdue. The university reserves the right to exclude students from the university during the academic year if tuition fees are not paid when due. Some students may be eligible for discounts or early settlement rebates. Please see the university website for more details:

http://www.brighton.ac.uk/studentlife/money/index.php?PageId=500

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Details of tuition fee liability is set out in detail in the university’s Tuition Fee Policy including the fee liability of withdrawing or intermitting student. This is also set out on the university’s web site regarding the consequences of leaving.

2.3 Accommodation fees

The schedule for payment of accommodation fees is set out in the tenancy agreement between the university and the student. This will usually allow payment to be made over up to 3 termly instalments (excluding the initial payment), by recurring card agreement (paid by debit or credit card). The penalty for non-payment during an academic year or other appropriate period of study will be the issuing of a notice to quit followed by a court order for eviction from the accommodation. In addition, the university will seek recovery of the outstanding amount either via a debt collection agency or through the courts. The latter may result in a County Court Judgement being issued against the student, which will affect a student’s future credit rating.

2.4 Sundry debts

This is the invoicing process for all other types of debt including nursery fees, contributions field courses and fines for overdue / non-returned library books. At the point a final demand is issued by the university access to the service for which the debt is unpaid will be suspended and not reinstated until the debt is settled. In addition, the university will seek recovery of the outstanding amount either via a debt collection agency or through the courts. The latter may result in a County Court Judgement being issued against the student, which will affect a student’s credit rating.

3 The regulatory framework for students in debt to the university

3.1 The Vice-Chancellor's responsibility

It is the Vice-Chancellor's responsibility to ensure that all monies owed to the university are collected, and that appropriate action is taken when debts are incurred. Students in debt to the university for tuition fees may be excluded during an academic year by the Vice-Chancellor, where the Vice-Chancellor is satisfied that the appropriate procedure has been followed (as set out below in section 3.4).

3.2 Appropriate actions against students in debt to The university

The following sanctions may be imposed (in combination, where appropriate), depending on the level and type of debt:

Tuition Debt:

• exclusion (following notice of the intent to do so – see 3.4);

• non-processing / non-grading of examinations and assessments;

• refusal of enrolment or re-enrolment;

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• refusal to graduate;

• invitation to award ceremonies withdrawn;

• withholding of any certificate due to be awarded.

Accommodation Debt

• eviction from student accommodation;

All Debt (tuition fees, accommodation, sundry debt):

• restriction or suspension of access to services related to the overdue debt;

• referral to debt collection agency;

• court action for the recovery of debt (County Court Judgement) including the issuing of a warrant of execution (powers to collect a student’s property in lieu of the debt by officers of the court – i.e. bailiffs).

3.3 Debt collection agency

Outstanding debt will normally be referred to the university's debt collection agency, but it is only the university that is permitted to initiate legal proceedings. If a student leaves the university with outstanding debts, the debt collection process continues, including legal proceedings for a County Court Judgement and an application to recover amounts owing (including a warrant of execution).

3.4 Tuition fee debt collection process

The standard procedure for collecting tuition fee debts is set out below. At each stage of the process, the Director of Finance has authority to review all aspects of the debt and its collection, in liaison with the student, and to authorise a variation of the process. This authority may also be delegated.

3.4.1 Production of Tuition Fee invoice

Invoices for tuition fees are issued as soon as practicable after a student has fully completed the enrolment process, and the fees become due immediately. Unlike other University charges, there is no 30-day payment period for tuition fee debts. Students should be aware of their likely tuition fee liability and therefore should not wait to be invoiced if they wish to pay their fees in order to be eligible for an early settlement rebate (for which other terms and terms and conditions also apply).

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3.4.2 Exclusion panel

If tuition fees are not paid when due, the student will be considered for exclusion from the university. The student will be given the opportunity to submit relevant information in support of their case, which must be considered by the Exclusion Panel.

The Director of Finance is responsible for bringing recommendations for exclusion to the Exclusion Panel which will consider information submitted by the student and provided by the Finance Department, Academic Services and, where relevant, Student Services. In appropriate cases, the Exclusion Panel will recommend that individual students be excluded by the Vice-Chancellor.

If the Vice-Chancellor is satisfied with the recommendations of the Exclusion Panel, the Vice-Chancellor will write to individual students to confirm that exclusion will take effect from at least ten working days after the issue of the letter notifying exclusion.

A student who pays the outstanding debt in full before the effective date of the exclusion will be permitted to continue as a student. The university is not obliged to re-admit any student who has been excluded for non-payment of tuition fees following the settlement of any outstanding debt. Any outstanding debts remaining once a student has been excluded will be referred to a debt collection agency and the courts for recovery.

International students holding a Tier 4 visa will be reported to the UK Border Agency following exclusion for non-payment of tuition fees and University sponsorship for the purpose of obtaining a visa will cease.

3.5 Appeal against a decision to exclude on grounds of debt There is no further process of appeal within the university against a decision to exclude a student for non-payment of tuition fees.

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5 Services for Students

1 Student Services Opportunities and support to help you get the most out of your time at university. Student Services is a central department that provides a range of services to support you through university, and to help you get the most from your student experience. We’re separate from your school and are here to help with all kinds of academic and non-academic issues.

Our experienced and supportive staff offer advice on a range of issues, including: - Advice about money worries and how to live on a budget. - Support in finding jobs and volunteering opportunities. - Help accessing academic support if you have a disability, learning difficulty or long-

term medical condition. - One to one support for students with worries or concerns in a safe, confidential

space. Here for you, whatever the issue Below is an outline of some of the ways in which we can help you during your time here.

Career development Build your employability skills and boost your graduate potential, with careers guidance, enterprise skills, and employment and volunteering opportunities.

Chaplaincy There’s more to the Chaplaincy than you think with social events, retreats, worship, discussion, support and listening.

Childcare With two Ofsted rated nurseries open to children of staff, students and the local community, the University of Brighton is an excellent choice for high quality, affordable and flexible childcare.

Counselling Whatever the reason, if you are finding academic life is causing you concern, or for personal reasons you need someone to talk things over with, you don't need to feel that you are all alone with your worries. Talk to one of our trained counsellors in a safe and confidential space.

Disability and dyslexia support If you’ve got a disability, specific learning difficulty or long term-health condition and choose to disclose it in confidence to the Disability and Dyslexia team, you’ll discover the wide range of academic and personal support available. Health and wellbeing Looking after yourself whist at university helps you to get the most of your experience. Our links to local surgeries give you access to a doctor, while our health and wellbeing workshops and information help you to keep everything in balance – so look after your mind and body whilst you are here.

Student Advice Service When it comes to your finances at university it pays to be money wise; so for expert advice on financial concerns, student funding eligibility or money management, contact the Student Advice Service. They can also help if you are an international student needing immigration advice, or support if you’re experiencing culture shock and home sickness.

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Get in touch

You can find further information about our services and answers to your student life queries at http://www.brighton.ac.uk/current-students/index.aspx

You can also access our services at each campus by visiting our student centres, or call us to find out more or book an appointment. Eastbourne - Trevin Towers, Gaudick Road T: 01273 643845 Falmer – E354, Checkland Building T: 01273 643584 Grand Parade – Room 153, Level 1, main building T: 01273 643187 Moulsecoomb - Manor House, Moulsecoomb Place T: 01273 642895 Hastings – The Student Centre, Level 1, Priory Square T: 01273 644643

We can also help answer your questions in confidence via email, at [email protected], via the ‘help and support’ tab on student central or follow us on Twitter for the latest student life news via @brightonstudent – www.twitter.com/brightonstudent

Our service leaflet with additional information can be found at: http://staffcentral.brighton.ac.uk/xpedio/groups/Public/documents/staffcentral/doc012712.pdf

2 Partner College Students If you are studying at a partner college, the college is your primary provider of student services, including library and online learning services, student welfare guidance and counselling, and support and guidance for students with disabilities. Some additional services are available for partner college students at the University of Brighton. You should consult your college in the first instance about the services available to you. Students at partner colleges are subject to the disciplinary regulations of their college. They are also subject to the University’s disciplinary regulations if using the University’s services or premises. All college students are also subject to the University’s academic regulations as set out in the General Examination and Assessment Regulations. You are responsible for ensuring that you are familiar with the regulations that apply to you. If you need to make a formal complaint about your experience while studying at a partner college, you should use the college complaints procedure in the first instance. If the outcome of that process is not satisfactory to you, you can refer complaints to the University using the process described in this handbook.

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3 Accommodation

The Accommodation Offices are part of Residential and Catering Services and offer an accessible and friendly service to all University of Brighton students. The accommodation offices aim to ensure that everyone finds suitable housing and to assist students with queries about their accommodation.

There are three accommodation offices, one office is located at the Manor House on the Moulsecoomb campus and attends to the needs of students living in the city of Brighton & Hove. Another office at Trevin Towers in Eastbourne is responsible for students in Eastbourne, and a third office at the University of Brighton in Hastings supports students living in Hastings.

You can use the accommodation office property database, www.yourstudentpad.co.uk to see the different types of accommodation available to students at the University of Brighton and to post messages to other students looking for accommodation. For general information on accommodation see www.brighton.ac.uk/accommodation.

4 Brighton Students’ Union Welcome from Brighton Students’ Union So you’re on your way to the University of Brighton! Starting university can feel a bit daunting, but it’s such an exciting time and one you’ll remember for a very long time. Getting involved with your Students’ Union is the best way to make the most of your time as a student. In fact, ensuring that you have the most fantastic, fulfilling experience at the University of Brighton is our mission as an organisation. And as we’re led by students and work solely for our student members, you can guarantee that we’re on your side. Broadly speaking, the Students’ Union’s work falls into four main categories, here’s just a taster of all that’s available to you: Change Things Lead campaigns to benefit students, stand in our Elections, become a

course rep, attend NUS National Conference, nominate University staff for the Excellence Awards

Fun Times Come along to our Freshtival and Welcome events, enjoy exclusive student discounts with NUS extra, relax in the Union’s café-bars on campus, enjoy our weekly nightclub events and special nights like Holly Ball, Graduation Ball, Eastbourne Garden Party and St Patrick’s

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Day Big Night Out

Good Advice Obtain free advice and guidance from the Students’ Union Support Service and our sexual health drop ins. Benefit from our health and wellbeing and housing campaigns.

Student Activities Join a club or society, get involved in Student Media, choose from a range of volunteering opportunities, get a job with the Students’ Union, be nominated for a Volunteer Award

You’re automatically a member of the Students’ Union as soon as you register at the University. NEW STUDENTS’ CHECKLIST:

1. Buy your NUS extra card to save on all your everyday expenses from food and clothes to books and equipment. Extra is the premium discount and membership card for students. Get yours at: https://cards.nusextra.co.uk

2. Check out our Welcome events and activities and Freshtival 2014 line up: www.brightonsu.com/welcome

3. Have fun, meet new people and make friends by signing up to a club or society. Meet the groups at our Freshers’ Fairs or take a look at our website for details: www.brightonsu.com

4. Meet your student leadership team. The officers elected to represent you will be out and about during Welcome and the Freshtival events, so come and say hello. You can also find out more about them on our website: www.brightonsu.com

5. Join a community of thousands of University of Brighton students by following us on Facebook or Twitter. It’s a great way to keep in touch with all we have to offer and to connect with other new students. F: www.facebook.com/brightonstudentsunion T: @subrighton

Look out for the Students’ Union Essential Guide which will be sent through the post to you before you arrive at University. It’s packed full of ways to have the best experience as a student and includes details of all the exciting events we’ll be holding to help you meet people and settle in. www.brightonsu.com

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5 Library, Computing and Media Services

Information Services provides computing, library, media and reprographic services in support of learning, teaching, research and administration throughout the University of Brighton.

The libraries at each campus offer general and specialist collections to students, staff and visitors with access to thousands of journals, e-books, databases, image collections and other online resources. There are over 1000 computers available for student use with printers, scanners and up-to-date software and well-equipped media centres at each campus, providing a range of digital technologies and equipment loans.

Through the Information Services homepage, you can find links to information on the libraries, media centres, computing facilities, opening hours and contact information for each of the sites. See www.brighton.ac.uk/is

Look out too for details of services we provide that you may not already know about, such as:

• Computer first aid clinics (term-time) where technicians can help diagnose problems on personal computers

• Training sessions and online information to help you with information literacy , library and IT skills

• Quiet areas, bookable group study rooms and social learning zones for studying and collaborative working

• Postal book loan system for distance learning (UK) and part time students • SCONUL Access borrowing facilities for part-time and distance learners from

colleges near their home or workplace • Computer store (Watts building) where you can buy computer software and

accessories • Site licenses for accessibility software, induction loops and height adjustable desks • Media centres (all sites) where you can borrow media equipment, such as digital

cameras and sound recorders and buy computer software and accessories • TV studios and editing suites • Special printing (high quality colour up to A0), banners and reports bound by our

reprographics team at Moulsecoomb

Problems: If you are unable to log in to university computers, or access your UniMail, contact our ICT Service Desk on 01273 644444 (email to [email protected])

Further information on all these services and much more can be found on studentcentral http://studentcentral.brighton.ac.uk.

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6 Policy on Acceptable Behaviour in Information Services Public Areas

Maintaining the study environment

Information Services (IS) aim to provide an appropriate study environment and to encourage considerate use of our facilities. Users of our libraries, computer and media areas are expected to consider the effect of their actions on other users. We will ask users to refrain from actions which could negatively affect other users, including leaving litter, eating hot or messy food, and creating noise disturbance.

The study environment should be self-monitoring with students clearing up when necessary and reporting any problems to staff. Staff will monitor the environment in the course of their normal duties.

In particular rooms, no food or drink should be consumed, where notices to this effect are displayed. These are usually areas where high value or specialised equipment resides. The list of these areas can be located on the IS web site.

Food and drink

Some food and drink may be consumed in the libraries, computer and media areas as long as consideration is shown to other users and there are no adverse effects on materials and equipment. Takeaways, hot or messy food should not be consumed in any IS area. All litter should be cleared into the bins provided. Spillages must be cleared up or reported to a member of staff. Alcohol is not to be brought into, or consumed in, any area of IS.

Noise

Users are expected to maintain the study environment, respecting the effect of noise on other users. The norm is for quiet conversation in general library and computer areas. Where possible there will be provided silent study areas where no talking is permitted. Students wishing to work together in a group should use group study areas where available. The use of headphones should be at a volume that does not disturb other people.

Mobile phones

Mobile phones should be kept on silent at all times in libraries and computer areas. Quiet telephone conversations are permitted in areas where talking is allowed.

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6 Directory

To contact colleagues within the university dial 01273 64, followed by the four digit extension number listed in the directory. For colleagues based at the University of Sussex dial 01273, followed by the six digit number listed in the directory.

University academic and senior management structure Senior Management Team Vice-Chancellor Professor Julian Crampton 2000 Deputy Vice-Chancellor Professor Chris Pole 2006 Pro-Vice-Chancellor (Research) Professor Bruce Brown 4700 Pro-Vice-Chancellor (Learning and Teaching) Professor Stephen Denyer Director of Finance Sue McHugh 2008 Registrar and Secretary Carol Burns 2750 Dean of College of Arts and Humanities Professor Anne Boddington 3005 Head of School of Art, Design and Media Karen Norquay 3203 Head of School of Humanities Dr Paddy Maguire 3108 Dean of Regional Education and Academies Development, and Chief Executive of the Hastings Academies Trust

Paul Griffiths 3400

Academic Services Manager Vanessa Norris 3414 Head of School of Sport and Service Management Professor Jonathan Doust 3700 Head of the School of Education Lorraine Harrison 3395 Head of Centre for Learning & Teaching Professor Gina Wisker 3446 Dean of College of Social Sciences Professor David Taylor 3477 Academic Services Manager Tony Gove 2040 Head of School of Health Sciences Dr Shirley Bach 3483 Head of School of Applied Social Science Professor Phil Haynes 3465 Brighton Business School Director of the Brighton Business School Professor Aidan Berry 2599 Academic Services Manager Sharon Blows 2570 Dean of College of Life, Health and Physical Sciences

Professor Andrew Lloyd 2049

Academic Services Manager Samantha Brennan 2399 Head of School of the Environment and Technology Professor Callum Firth 2289 Acting Head of School of Pharmacy and Biomolecular Sciences

Professor Paul Gard 2091

Head of School of Computing, Engineering and Mathematics

Professor Miltos Petridis 3315

Brighton and Sussex Medical School Medical School Secretary Peter Pimblett-Dennis 07769

6 Directory

115

670616 Head of the Division of Medical Education Professor Gordon Ferns 01273

644001 Head of Primary Care and Public Health Medicine Professor Helen Smith 01273

644192 Head of the Division of Medicine Professor Kevin Davies 01273

877570

University central departments and services For issues or queries relating to:

Please contact:

Enrolment and administration of fees Jo-Ann Corbett Acting Deputy Director of Academic Services Cockcroft

2812

Residential and catering services Julie Barker Head of Residential and Catering Services Mithras House

3122

Library and Computing facilities Terry Hanson Director of Information Services Watts Building

2638

Classrooms and study environment Mike Clark Director of Estate and Facilities Management Mithras House

3131

Finance department services Michael Bewlock Head of Finance Mithras House

2720

Careers, counselling and wellbeing, medical services, student advice, disability and dyslexia, childcare and chaplaincy

Karen Jackson Director of Student Services Moulsecoomb Place

2856

Sport and recreation services Sarah Hogg Head of Sport and Recreation Sports Centre, Falmer

3521

Health and safety Alan Cowen Head of Health and Safety Mithras House

3143

7 Admissions, Academic Services and Finance Office locations and opening times

116

7 Admissions, Academic Services and Finance Office locations and opening times

Eastbourne Trevin Towers (first floor) Admissions and Enquiries: Monday - Friday 09.00 - 16.30

Records and Fees: Monday - Thursday 09.30 - 14.00 Friday 10.30 - 14.00

(with some variation during vacation times) Finance (Tel: 01273 643815)

Monday – Thursday 09.00 - 12.30 (closed Fridays and limited opening during vacation times)

Falmer E Wing, Checkland Building Admissions and Enquiries Monday - Friday 09.00 - 16.00

Records and Fees: Monday 09.00 - 14.00 Tuesday-Thursday 09.00 - 13.30 Friday CLOSED

Finance (Tel: 01273 643461) Tuesday/Thursday 09.00-12.30 13.30-16.00

Friday 13.30 -15.30

Grand Parade Mezzanine Floor, Main Building

Records and Fees: Monday - Thursday 10:00 - 13:30 Friday 10:00 - 13:15

Finance (Tel: 01273 643166) Monday/Wednesday

09.00 - 12.30 13.30 - 16.00

Friday 09.00 - 11.30

Moulsecoomb University Student Office, Mezzanine Floor, Cockcroft Records and Fees: Monday -Friday 10.00 - 16.00 Finance (Tel: 01273 642740)

Monday-Thursday Friday

09.00 - 16.30 09.00 - 16.00

Admissions and Enquiries (Mithras House): Monday - Thursday 09.00 - 17.00 Friday 09.00 - 16.30 For telephone enquiries to : Records and Fees 01273 642137 Admissions 01273 644644

Times correct at publication. Vacation hours vary. Academic Services staff at the Eastbourne, Falmer and Grand Parade will take monies and issue receipts when a member of the Finance staff is unavailable. Maps of the university campuses can be found on the website at www.brighton.ac.uk/maps