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1 Document Reference: Reference Code: Mitigating Circumstances QAMc. Version: 2.1 Date: June 2016 Date of Implementation: September 2016 Originator: Approval by: Quality & Standards Committee Quality Improvement Committee Date for Review: June 2018 Description: Periodically students experience difficulties that impact upon their abilities to meet their academic obligations. A student may be unable to perform to their usual academic standard, complete assessed work to deadline or attend an examination due to illness or exceptional personal circumstances. This code of practice reflects the Grimsby Institute s commitment to safeguarding academic standards, whilst ensuring support is available and that fairness exists towards all students with regards to the assessment process. In using this code of practice other documents may need to be considered Document Reference: QAAss. Assessment of Students For further advice on how the code of practice works, you should contact the Quality and Standards Department. Department Contacts: Quality and Standards (Higher Education) Rm: 0H02 (01472) Additional guidance can be obtained by visiting and referring to QAA UK Quality Code Section B6: Assessment of Students and accreditation of prior learning This document is available in alternative forms on request from the Quality and Standards Department

2 1. Introduction 1.1 This Code of Practice (the Code) has been developed to ensure clarity of systems relating to applications for mitigating circumstances. 1.2 The Code brings together a range of processes relating to mitigating circumstances which are intended to maintain the Institute s commitment to: i. cross institutional consistency in the procedures for dealing with mitigating circumstances that are likely to be applicable to different forms of assessed material ii. making appropriate provisions for students who may need special assessment arrangements where practicable iii. the maintenance of academic standards iv. rigour, probity and fairness. 1.3 This code is mindful of the regulations laid down by partner Universities, meaning in every instance it is the relevant partner Universities regulations that will be applied. Relevant Universities include: i. The University of Hull ii. Leeds Metropolitan iii. Teesside University 1.4 Applications for mitigating circumstances by students studying on Edexcel or programmes from other higher education awarding bodies, will be considered in line with the precepts specified within this code. 1.5 The Mitigating Circumstances Board will consider cases of mitigating circumstances and absence with good cause prior to the board of examiners. Recommendations must be reported to the chair of the board and approved by the board as appropriate. 1.6 In instances where mitigating circumstances such as an extension, or absence from an examination are granted beyond an end of year board of examiners, students should seek guidance from their programme leader regarding the possibility that permission to progress (or proceed) to the next level of their award, or the award of their final classification (and opportunity to graduate with their fellow students) may be delayed until a board of examiners scheduled at a later date. 1.7 In every instance it is the student s responsibility to submit a claim for mitigating circumstances 1.8 Where a student is, for good reason, unable to submit mitigating circumstances personally, these may be submitted on his or her behalf by another person. The reason for such submission shall be notified with the submission, and independent evidence of it produced. Situations such as these will only be allowed in exceptional circumstances and will normally be limited to third-party submissions on account of a serious health condition experienced by the student. HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 2

3 1.9 For the purpose of this code and for instances relating to approved extensions, the mitigating circumstances board will take into account weekdays and vacations when considering a new date for submission of an assessment. Saturdays, Sundays, bank holidays, customary days, and other days when the Institute is closed are not working days for the purposes of this code Details of mitigating circumstance claims will remain confidential to the membership of the mitigating circumstances board, except when the written requirements of a programme of study accredited by a professional or statutory body, and accepted at the validation of that programme of study, require a wider disclosure, or in instances where a student makes an appeal 2. Definitions, Claims and Timescales for Mitigating Circumstances 2.1 Mitigating circumstances refers to situations that: i. affect, or are likely to affect a student s academic performance in assessed work ii. affect, or are likely to affect a student s ability to submit or complete an item of assessed work for the published deadline iii. prevent attendance at an examination. 2.2 This code recognises that sometimes students and staff inadvertently use different words or terms when referring to mitigating circumstance e.g. mitigation or extenuating circumstances. However within this code the term mitigating circumstances is used as an umbrella term to describe 3 distinct categories, these being: i. impaired performance lower performance than would usually be expected within assessed work due to mitigating circumstances and which may be taken into consideration in the consideration of module marks and awards by a board of examiners ii. non standard extensions where mitigating circumstances have obstructed a student s ability to complete an assessment by the scheduled deadline and an extension is required beyond the standard 5 working day extension that programme leaders are able to grant outside of the boundaries of this code iii. absence from examinations for reasons of mitigating circumstances, a student may require permission to be absent from a scheduled examination. Within this code a scheduled examination also refers to any other assessment such as a performance or presentation that requires a student to be in attendance throughout the assessment. 2.3 Whilst mitigating circumstances are often acute, severe, unforeseen, significantly disruptive and outside a student s control, the mitigating circumstances board will consider all claims with respect to the seriousness of the circumstances put forward. HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 3

4 Some examples of mitigating circumstances include: a. family problems such as death in the family, separation of parents, illness of a family member b. personal problems such as victim of a crime or relationship issues such as divorce c. illness or medical problems d. birth or adoption of a child In examples a-d, students may not be able to i. complete an assessment(s) for the published deadline ii. attend an examination, performance or presentation iii. attend work based learning as defined within the requirements of a programme of study or as part of an assessment In such instances an approved extended deadline or granted absence from a scheduled assessment (until a specified later date) may be possible Similarly in examples a-d, students may find that their impact may result in lower than expected performance and therefore an application for consideration of impaired performance may be possible 2.4 The following are not normally acceptable as grounds for claiming mitigating circumstances: i. computer/it failure of student s own equipment ii. transport problems iii. misreading of assessment or examination dates and times. iv. moving house v. holidays or expeditions vi. inadequate planning, organisation or time management vii. timetabling of assessments or examinations viii. demands of paid employment (although for students on a part-time programme this may, in exceptional circumstances, be considered) ix. a car breaking down on the way to an examination or failure to arrange a flight which will arrive in good time. 2.5 To claim absence from an examination, there are only 3 acceptable reasons: i. Medical circumstances: occurring at the time of the examination. Examples of evidence that may be used include a medical certificate, or letter from a medical practitioner (e.g. doctor, nurse, counsellor) ii. Bereavement: of family or close friend (including attendance at funeral). Examples of evidence that may be used include a family announcement e.g. newspaper notice, or a letter from an appropriate person confirming the details, or a copy of the death certificate. The panel must be satisfied that the applicant has a clear relationship to the deceased iii. Transport difficulties: being unable to get to the examination because of transport difficulties of an unpredictable and uncontrollable nature and HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 4

5 where alternative arrangements could not be made within reasonable time. Examples of evidence that may be used include an accident report. A car breaking down on the way to an examination or failure to arrange a flight which will arrive in good time will not be considered. 2.6 Mitigating circumstances applications should be made prior to the assessment deadline/ scheduled examination date and must be submitted no more than 7 working days after this date 2.7 Mitigating Circumstances claims should only apply to the current academic year. In general, the board will not assess mitigating circumstances cases relating to previous academic years. 2.8 All claims must be supported with appropriate evidence that is valid, reliable, and complete; applications without suitable evidence may be refused. For example claims based on medical circumstances must be supported with evidence such as a letter from a relevant practitioner (GP, nurse, counsellor, social worker). 2.9 It should be noted that where a claim relates to difficulties in a student achieving suitable work related experience and which subsequently prevents completion of the requirements of a programme of study; or a work related assessment(s) as per the scheduled deadline; or an assessment(s) to the student s expected standard, the board will not accept claims occurring as a result of an avoidable delay in achieving suitable and timely work placement experience e.g poor organisation in completing pre-placement documents, or establishing a placement provider in good time and through no fault of the Institute. 3. The Process of Application 3.1 An application for mitigating circumstances will not be processed if the application has not been made on the appropriate form. Applications for: i. University of Hull, Leeds Metropolitan University or Edexcel awards must be made on the Institute s form (see Appendix1) ii. Teesside University awards must be made on the Teesside University form (see Appendix 2) 3.2 All students except for those studying at Yorkshire Coast College can obtain a mitigating circumstances form from the Institute s Quality and Standards handbook: section Student Information and Support available from the: i. HE Admissions and Administration: Room 0H01, Nuns Corner campus ii. Institute s Quality and Standards Department: Room 3H06 iii. Westward Ho Campus Reception iv. Nunsthorpe Campus Reception v. Institute web site: HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 5

6 3.3 For students studying at Yorkshire Coast College, mitigating circumstances forms can be obtained from Institute s Quality and Standards handbook: section Student Information and Support available from the: i. HE Quality Officer, Reception Office at the Westwood campus ii. Yorkshire Coast College web site: AndSupport.php 3.4 All students are entitled to a meeting with their programme leader and/or module tutor prior to making an application. Prior to making any application, students are strongly advised to discuss their application for mitigating circumstances with their programme leader and/or module tutor. 3.5 All completed application forms for mitigating circumstances made by Yorkshire Coast College students should be submitted to the Reception Office at Westwood Campus. 3.6 All other students should submit their application to the HE Admissions and Administration Office: Room 0H01, Grimsby Institute, Nuns Corner. Students are advised to take a copy of their application prior to submission. 3.7 Upon receipt of a mitigating circumstances application, the HE Quality Officer at Yorkshire Coast College or the HE Admissions and Administration office at Grimsby Institute must: i. check that applications are complete ii. date stamp the application upon receipt iii. provide a receipt to the student iv. notify the programme leader that the application has been received. 3.8 Applications for mitigating circumstances must be collected from the HE Admissions and Administration office by the secretary to the Mitigating Circumstances board within 10 working of the student submitting their claim in the first instance. 3.9 The mitigating circumstances board will meet and consider the application within 15 working days of the initial receipt of the application to the HE Admission and Administration office or HE Quality Office A student and their programme leader must be formally notified in writing of the outcome of the board s decision on their mitigating circumstances claim within 20 working days of the initial receipt of the application to the HE Admission and Administration office or HE Quality Officer When a mitigating circumstance claim is approved and an assessment is resubmitted for its approved deadline (as specified by the mitigating circumstances HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 6

7 board), the student must ensure that the letter of approval is supplied with the submission to prevent a late stamp being applied to the work. 4. Meetings of the Mitigating Circumstances Board 4.1 Dates scheduled for the mitigating circumstances board meetings must be regularly scheduled from the start of each academic year in September. 4.2 Scheduled mitigating circumstances board dates must be clearly published on relevant notice-boards to be found at the: i. HE Admissions & Administration Office, 0H01, Nuns Corner Campus ii. The reception, Westwood Campus, Yorkshire Cost College, 4.3 The mitigating circumstances board must be quorate for the board to run and will be chaired by a Head of School or a member of the approved list of Chairs for Mitigating Circumstances panels. 4.4 Members of the board must include a member of staff from the Institute s Quality and Standards department and a member of academic staff from the approved list of members of Mitigating Circumstances panels. 4.5 Because of the potential conflicts of interest that can arise when considering applications for mitigating circumstances, members of the board must be given ample opportunity to declare any personal interest, involvement or relationship with the student or application being considered. 5. Records, Decisions and Outcomes 5.1 Final outcomes of mitigating circumstance decisions must be recorded as approved or not approved. 5.2 If mitigating circumstances are not approved then a student may, dependent on their circumstance, find that their assessment(s) is subject to a late submission penalty, or is awarded a mark of zero, or is awarded the initial grade marked against the assessment in question. i. For all approved mitigating circumstances relating to impaired performance, (or extension requests and/ or absence from examinations occurring after a board of examiners has met) the approved recommendation of the board will be passed to the board of examiners who may agree to the boards approved recommendation and either: ii. award a new attempt at the examination or assessment if a student so wishes (original attempts are wiped off the student record and cannot be used at later date, even if the new attempt is a fail) iii. raise the module mark by an amount deemed fair and appropriate (in exceptional circumstances) HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 7

8 iv. pass the matter to the programme board of examiners for later consideration v. decide that circumstances do not merit action. 5.3 The Quality and Standards department must ensure that it keeps clear and appropriate records of the procedures and decisions of each mitigating circumstances board and those records are documented accurately and systematically. 5.4 A database of decisions and outcomes will be maintained in a group folder. Nominated and approved Quality administrators will have access to the database for monitoring of decisions and outcomes to relevant boards of examiners. 5.5 When a mitigating circumstance claim is received from an Institute member of staff studying on a higher education programme within the Institute, the claim, associated procedures and decisions will be recorded in a separate database within the Quality and Standards department and which Quality Administrators will not have direct access to. 5.6 Annually the Quality and Standards department must monitor Institute and School trends with regards to claims for mitigating circumstances which will be reported to the Institute s higher education board of studies. HE Quality and Standards Handbook Section 9: Student Information and Support 9.2 Mitigating Circumstances (October 2013) v2.1 8

9 Appendix 1 MITIGATING CIRCUMSTANCES APPLICATION INSTRUCTIONS What this form is for: If you feel you have justifiable reasons for preventing you handing in your coursework by the deadline date or attending an exam/presentation, you may claim for an extension date. (e.g. illness, personal issues, injury, etc.) If your claim is approved you will be given a new deadline for the submission of the work; or If you feel you have justifiable reasons that have impaired (or may impair) your performance or results in an exam, or in coursework, you may claim for mitigating circumstances to be taken into consideration (e.g. illness, personal issues, injury, etc.) The mitigating circumstances board will assess your claim and make one of the following recommendations to the module/programme board of examiners to approve: 1. To award you the choice of a fresh attempt at the exam or coursework (with a new title and brief as appropriate). 2. In exceptional cases refer the matter to the Programme Board of Examiners for consideration. 3. Recommend that the circumstances do not merit any action. If you are awarded a fresh attempt, and you accept the offer, your original attempt is wiped from the record and your original mark is lost, and cannot be used, even if you later fail the new attempt. Unapproved applications may result in a fail and/or the assessment(s) being re-taken during the re-sit period with a capped mark of 40%. The Programme Board of Examiners DO NOT allow a review of assessment mark(s) except in extremely rare and exceptional circumstances. The majority of cases DO NOT fall within this category You will be notified by your programme leader of the decision made by the module/programme board of examiners after it has taken place. NOTE: You must submit this form as soon as possible and no later than 7 days after the date of the exam or coursework deadline in question. TO CLAIM FOR MITIGATING CIRCUMSTANCES YOU MUST: Fully complete ALL sections of this form Attach a statement to CLEARLY EXPLAIN your circumstances Attach documentary evidence that supports your statement Inform your tutor to provide a statement, (your tutor may a statement directly to the HE Admissions & Administration office if preferred). PLEASE SEND THIS FORM TO: Higher Education (HE) Admissions & Administration Office Grimsby Institute of Further & Higher Education Nuns Corner, Grimsby DN34 5BQ For Yorkshire Coast College Students HE Quality Administrator Main reception, Westwood Campus Scarborough, North Yorkshire, YO11 2PL 9

10 For office use only: Logged Receipt Number: MITIGATING CIRCUMSTANCES APPLICATION Please read the instructions before completing this form Student Name: Student ID No: Year: Level: Tick Box Tick Box Address: Full Time: Part Time: Home Address: DATE STAMP Full Programme Title (eg BA English Studies): Programme Leader s Name: Awarding Body (Please tick relevant box below) Hull : Leeds Met: Edexcel: Module Title: Assessment Type: Essay/Report/Portfolio/ Presentation/Exam, etc. Date Coursework Deadline DD/MM/YY Module Tutor s Name Claim Type* Have you submitted? E I A Yes No * E Extension; I Impaired Performance; A Absence with Good Cause Summary of Circumstances You may base your request on one of the following: Tick Serious personal injury, such as a broken limb, or a medical condition requiring hospital attention or with an incapacitating effect. An acute illness (physical or mental) such that a reasonable person would have been unable to carry out the coursework task. The serious illness or death of a close relative, or attendance at a family funeral. Severe emotional upset. Birth or adoption of a child. Being victim of a serious crime during the period immediately preceding the coursework deadline. Defect in the assessment process Unforeseen and unavoidable work pressures sufficiently serious so as to interfere significantly with the ability to meet the coursework deadline. Transport difficulties of an unpredictable and uncontrollable nature, where alternative arrangements could not be made within reasonable time. (Exam absence only) 10

11 Independent evidence attached At least one of these MUST be attached, including contact details for verification. Tick Medical Certificate Letter from Medical Professional (e.g. Doctor, Consultant, Midwife, Practice Nurse) Police Report or similar professional report Public announcement (e.g. Newspaper Notice) or Copy of Certificates for Birth, Death, Divorce, etc Letter from Registered Counsellor Letter from Employer (note that this must indicate how work pressures are unforeseen and unavoidable) Other alternative appropriate form of evidence. Please tick Student s statement to explain the reason(s) for requesting extension(s) is attached: Yes: No: LATE CLAIMS: For forms not submitted within the deadline please state reason: ADVICE SOUGHT This section must be completed by an academic member of staff from your Programme. A signature must be obtained to confirm that you have received appropriate advice and guidance in making an application Please Tick Yes No I have given the student advice and guidance for making this application I will provide a statement to accompany the student s application Name of Programme Leader or Module Tutor Signed Date ADVICE NOT SOUGHT If unable to consult with a member of academic staff, please state the reason: Declaration I declare that the information provided is accurate and complete to the best of my knowledge. I understand that to seek to gain an advantage or benefit (such as a new exam attempt, or coursework extension) through providing false or misleading information is liable to action being taken against me under the Code of Practice on the Use of Unfair Means. I acknowledge that it is my responsibility to ensure that I have fully completed this form and the supporting evidence is attached. I understand that any evidence supplied with this form will not be returned. I have read and understood the Code of Practice Mitigating Circumstances. I am aware that any person named in my submission may be contacted in order to seek clarification or further information Student signature Date 11

12 CHECKLIST Have ALL sections of this form been completed? (incomplete forms will be returned) Have you included a statement to CLEARLY EXPLAIN your circumstances? (if not, your application will be returned) Have you included documentary evidence that supports your statement? (if not, please provide an explanation and when the evidence may be provided) Is your application being submitted within 7 days? (If not, your application is likely to be refused unless you are able to provide reason with good cause for the delay with supporting evidence). Have you informed your tutor that you are applying for mitigating circumstances, impaired performance and/or exam/presentation absence? 12

13 Appendix 2 Please date stamp: GRIMSBY INSTITUTE OF FURTHER AND HIGHER EDUCATION MITIGATING CIRCUMSTANCES FORM This form should be submitted within 2 weeks of the module assessment deadline STUDENT DETAILS: We strongly advise that prior to completing this form you have read the Mitigating Circumstances Regulations and Guide for Students (a copy of which can be found at: Students who feel they are unable to submit their work should normally seek an extension in the first instance Surname: Forename(s): Programme: Mode of Study: (Circle as appropriate) FT / PT Year of Study: (Circle as appropriate) Term: (Circle as appropriate) Student No:... Academic Year:.. ADVICE SOUGHT: This section must be completed by an academic member of staff from your College. A signature must be obtained to confirm that you have received appropriate advice and guidance in making an application. I have advised the student to submit a Mitigating Circumstances Application I have advised the student NOT to submit a Mitigating Circumstances Application Staff Name:... Date:... Staff Signature:. Please note that staff member signature does not guarantee that your Mitigating Circumstances are granted. ADVICE NOT SOUGHT: If unable to consult with a member of academic staff, please state the reason: REASON FOR MITIGATING CIRCUMSTANCES: (see Guide for Students on how to state case) Please state your case. You should write as fully and as clearly as possible, detailing what the problem is and the effect these circumstances have had on you and particularly your studies. You can attach a letter to this form

14 MODULE DETAILS: Please list module(s) affected by Mitigating Circumstances: Module Title Module Code Type of Assessment (for example Assignment, Exam, Report, Presentation) Original Assessment Deadline Date Actual Submission Date (if Extension Granted) (If unsure consult your timetable for the correct Module Code and Module Title, or moodle) Forms must be submitted within 2 weeks of the original assessment deadline EVIDENCE TO SUPPORT APPLICATION: (see Guide for Students on what to submit) Evidence attached: (Please attach any additional information) YES / NO YES / NO If NO please give date when evidence will be available: LATE CLAIMS: For forms not submitted within the two week deadline please state reason: STUDENT S SIGNATURE: I confirm that all the information supplied is true and accurate to the best of my knowledge. I am aware that a fraudulent application may lead to the University s Academic Misconduct Regulations (Taught Components and Programmes) being invoked. I acknowledge that it is my responsibility to ensure that I have fully completed this form and the supporting evidence is attached. I understand that any evidence supplied with this form will not be returned. I have read and understood the Mitigating Circumstances Regulations and the Guide for Students. I am aware that any person named in my submission may be contacted in order to seek clarification or further information. Signature: Date:... 14

15 GRIMSBY INSTITUTE OF FURTHER AND HIGHER EDUCATION MITIGATING CIRCUMSTANCES FORM RECEIPT Students Name: Course: Signature (Student): Date:... Signature (Administration Staff): Date:... 15

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