1. Removal of students for failure to make sufficient academic progress
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1 B4 Academic progress regulations 1. Removal of students for failure to make sufficient academic progress 1.1 Subject to the provisions of Regulation 1.4 below, an Executive Dean of Faculty or nominee, acting for the Principal may remove any student of the College on any of the following grounds: inability for any reason to fulfil the requirements of the programme; lack of industry, including a poor attendance record; lack of ability or aptitude; persistent failure to respond to College communications or instructions; for any other good academic cause. The period of removal may be temporary, eg one semester; or permanent, ie the student s registration will be terminated. Removal proceedings under these Regulations may be commenced against postgraduate research students for unsatisfactory progress or for failure at upgrade review as provided in the Core Code of Practice for Postgraduate Research Degrees. Where removal proceedings under these Regulations are commenced in accordance with the Core Code, Regulations 1.4 to 1.6 below shall not apply and: a determination of unsatisfactory progress under of the Core Code or the decision of an upgrade appeal panel under Regulation 6 of the Academic Appeal Regulations shall be treated as the final removal decision for the purposes of Regulation 1.6 below; and any subsequent appeal by the student must be submitted under Regulation Heads of Department/Division shall ensure that students are at all times made fully aware of the possible consequences of failure to maintain the required academic standard. 1.3 Prior to the final removal of a student under Regulation 1.5 below, the Executive Dean of Faculty (or their nominee) will consult as appropriate with the student s tutor or supervisor. 1.4 No student shall normally be removed upon the grounds specified in Regulation 1.1 above, unless they have been issued with a clear written warning from the Faculty. The warning notice shall specify the improvements or actions which must be taken by the student within a defined period and that failure to do so will lead to the student s removal. 1.5 Failure by a student to comply with the conditions of the Faculty s warning notice under Regulation 1.4 shall lead to removal of the student. The Executive Dean of Faculty (or their nominee) shall notify the student in writing of the Faculty s intention to remove the student. The student will have 14 days from the date of such notification in which to reply and make any further representations. The Executive Dean of Faculty (or their nominee) shall consider the student s representations and will normally notify the student in writing of the final decision within 14 days of the date of receipt of the student s representations 91
2 1.6 In addition to the provisions of these regulations, a student s registration may be terminated in accordance with Regulation of A3 Regulations for taught programmes as a result of a decision of an Assessment Board that the student should not be permitted any further attempts at an examination. Any appeal against a decision of an Assessment Board must proceed in accordance with the provisions of Regulation A6 Regulations for taught programmes. 1.7 All parties involved in an academic appeal will act reasonably and collegially, and treat the processes themselves in a respectful manner. The College reserves the right to take appropriate action, such as referring a case to the B3 Misconduct Regulations or restricting access in the instance that inappropriate behaviour is displayed by the student or their representative. 2. Appeals against removal on academic grounds 2.1 Following the removal of a student on grounds set out in Regulation 1.1 above, the hearing of an appeal against the decision to remove may be allowed, subject to the discretion of the Principal, as specified in Regulations 2.3 and 2.4, below. The Principal may delegate his powers under these Regulations to a Vice-Principal either generally or in respect of a particular case, providing always that any person to whom these powers may be delegated will be in a position to act and be seen to act impartially, either generally or in respect of a particular case 2.2 An appeal must be requested in writing on the form provided for the purpose 1 and lodged with the Director of Students and Education on behalf of the Principal within 14 days of the date of the final notification of removal. The ground, or grounds, on which the appeal is to be based, must be clearly stated as part of the request. 2.3 The Principal (or his/her nominee) will normally advise the student in writing of their decision on the appeal request within 42 days of receipt of the appeal. The Principal (or his/her nominee) may allow an appeal to be heard if the Principal (or his/her nominee) is satisfied that either or both of the following criteria apply: that new information is to hand which could not have been made available for consideration by the Faculty at or before the time the decision to remove was taken, and sufficient evidence remains that the appeal warrants further consideration; that there is evidence of significant administrative or procedural error, including error arising from non-compliance with Regulation 1.4 and 1.5, above, made at or before the time the decision to remove was taken, and sufficient evidence remains that the appeal warrants further consideration. 2.4 The Principal has discretion to take into account grounds (including grounds of compassion) other than those stated above in deciding whether to allow an appeal to be heard. 2.5 Where a student makes representation under Regulation 2.3 above that the student s academic progress was adversely affected by alleged harassment, bullying or discrimination the Principal will hold the appeal procedure in abeyance until the Director of Students and Education has arranged for the complaint to be investigated under the formal complaint mechanism of the College s Student complaints procedure or dealt with under B3 Misconduct regulations as appropriate. The final 1 Academic Progress Appeal Form 92
3 report of the investigation or the outcome of any hearing under the Misconduct regulations will be submitted as evidence under Regulation 2.3 above. 2.6 If the Principal decides to allow an appeal to be heard they will instruct the Director of Students and Education to proceed as follows: set a date for the Appeal Committee to meet, the said date being normally not more than six weeks after the Principal s decision that the appeal shall be heard; advise the student of the procedure, informing them that they may be accompanied and/or represented in accordance with Regulation 2.10 below, and invite the student to submit evidence to the Appeal Committee; advise the Executive Dean of Faculty in question of the student s appeal and ask them to provide all documentation relevant to the student s appeal; and through the Principal (or their nominee) and the Students Union, identify the members of the Appeal Committee, arrange for a copy of each document that will be presented to the Committee to be sent to each member of the Committee, the student making the appeal, and the Executive Dean of Faculty making the decision to remove the student, along with a notice of the purpose of the hearing and the time and place at which it will be held. The documents and notice shall normally be sent not less than seven days before the date set for the Appeal Committee hearing. 2.7 The membership of the Appeal Committee shall be: a Vice-Principal, or other senior staff member nominated by the Principal (or his/her nominee) to chair Appeal Committees under these Regulations who will be the Chair; two senior academic members of staff, drawn from among the Executive Dean of the Faculty and Heads of Department/Division; a student member, nominated by the Students Union. Provided that no member of the Appeal Committee shall be a member of staff or student of the same Department/Division/Group as the student making the appeal. 2.8 A member of the Appeal Committee who has prior knowledge of the removal which is the subject of the appeal, or other knowledge of or prior contact with the student, shall disclose this information before the relevant hearing begins. The student may request through the Chair that the member concerned should not be a member of the Appeal Committee while the relevant appeal is being considered. The Chair shall have discretion to accept or reject this request. 2.9 The quorum of the Appeal Committee shall be three. Representation 2.10 The student may be represented at any point in the proceedings by another College member or by a member of the King s College London Students Union or, where the student is registered on a programme with professional registration, a member of their professional organisation The student may also be accompanied by a family member or a friend (either from inside or outside the College) but that person will not be allowed to speak on the student s behalf. However, the Appeal Committee will have the discretion to consider representations from the student for the friend or family member to make a statement. 93
4 2.12 If the student is to be represented and/or accompanied the name(s) of the person/persons who is/are to attend must be received in writing by the Director of Students and Education at least 48 hours in advance of the hearing. The Chair of the Appeal Committee has the discretion to refuse to permit a representative or friend or family member to attend where prior written notice has not been given If the student wishes to be represented by an individual not listed in Regulations 2.10 and 2.11 above, they should make representations to the Chair of the Appeal Committee. The Chair of the Appeal Committee has the absolute discretion to accept or reject an application for alternative representation and their decision will be final. Appeal Committee procedure 2.14 The Appeal Committee meeting shall be conducted in the following way: (f) (g) (h) (i) (j) Executive Dean of Faculty making the decision to remove the student, or a deputy of senior status, eg Head of Department/Division, will present the case for removing the student. The student and/or the person accompanying the student (if appropriate) will present their case appealing against the decision of the Faculty. At the discretion of the Chair, other persons may be called to address the Appeal Committee. The order in which the presentations are made shall normally be that given above in paragraphs to, though this may be varied at the Committee s discretion. The Chair may require persons to reappear before the Committee in the course of its deliberations. Exceptionally the Committee may consider the evidence of any party in private. The Chair may order the Committee to adjourn for a period not normally exceeding seven days for the purpose of receiving further evidence or for other good cause. The decision of the Appeal Committee shall be reached by a majority vote of the members of the Committee and shall be announced as the decision of the Committee. The Chair shall have an additional casting vote. The votes of individual Committee members shall be treated as confidential. The decision of the Committee is final Pending the convening and the decision of the Appeal Committee the student making the appeal may be permitted to attend classes and sit examinations. The decision of the Executive Dean of Faculty (or nominee) in this regard is final The Appeal Committee will determine whether there is sufficient reason to challenge the original decision to withdraw. If there is insufficient reason to challenge the decision, the appeal will be dismissed and the original decision to withdraw will stand. If there is sufficient reason to challenge the original decision, the Appeal Committee can set aside the decision and replace it with one of its own, or it can refer the representation back to the relevant Department for fresh consideration with commentary The Director of Students and Education will normally notify, in writing, the student making the appeal and the relevant Executive Dean of Faculty of the decision of the Committee within seven days of the meeting at which the final decision is reached. 94
5 In communicating the decision of the Appeal Committee, the Director of Students and Education shall indicate the grounds upon which the decision has been based Proceedings of the Appeal Committee shall normally be held in private. The Chair of the Appeal Committee has the absolute discretion to accept or reject a request from the student for the hearing to be held in public. 3. Removal of a student from an external environment 3.1 Students undertaking a placement or a period of study or practical training in an external working or educational environment have a responsibility to conform to the regulations, policies and expected standards of behaviour and competence of that external environment. Examples of such external environments may include: (f) (g) (h) (i) hospitals, GP clinics, dental surgeries and other NHS facilities; Faculties; other UK HEIs; overseas HEIs; offices and other industrial facilities; teaching schools; law courts; health centres; firms 3.2 A student undertaking a placement may be removed without notice from that environment at the discretion of the authorised supervisor within that environment or Executive Dean of Faculty, where the authorised supervisor or Executive Dean of Faculty forms the view that the student is failing to conform to such requirements, or for any other reason. Examples of failure to conform to such requirements may include: (f) (g) behaviour which is deemed offensive or unacceptable in the external environment; behaviour or actions in breach of the regulations of the external environment; behaviour which compromises the activities of the external environment; demonstration of a health condition which would render the student unsuitable or unsafe to continue in the external environment; demonstration of a level of competence which would compromise the professional standards of the external environment; failure to observe health and safety requirements of the external environment; behaviour which gives rise to concerns about the student s fitness to practise. 3.3 Where a student is removed from an external environment under Regulation 3.2 above by an authorised supervisor, the Executive Dean of Faculty will be notified. Where possible and appropriate, the Executive Dean of Faculty will make arrangements for the student to undertake an alternative placement, in accordance with the procedures and practice of that Faculty relating to the programme of study. 3.4 The removal from the external environment may be temporary, for a specified period, or permanent (see Regulations 3.5 and 3.6 below). 3.5 Where the removal is temporary or for a specified period, conditions may be placed on the student before re-entry to the working environment will be permitted. Such conditions will constitute a written warning under Regulation 1.4 above. 95
6 3.6 Where the Executive Dean of Faculty forms the view that it would not be appropriate for the student to undertake an alternative placement due to matters arising from the removal that would require investigation under B3 Misconduct regulations and/or referral under B5 Fitness for registration and practice regulations, the student s removal from the working environment will be confirmed as temporary pending the outcome of proceedings under these regulations. Pending the convening and decision of the appropriate committee under either B3 Misconduct regulations or B5 Fitness for registration and practice regulations, the student may attend classes and sit examinations, except where classes or examinations take place in an external working environment. 2 Following the outcome of the proceedings under B3 Misconduct regulations and/or B5 Fitness for registration and practice regulations, the Dean of the Faculty/Institute/School will confirm the status of the student s removal from the working environment. Where the removal is confirmed as permanent and the student is unable to complete the programme of study the student s registration will be terminated. 4. The Office of the Independent Adjudicator for Higher Education (OIA) 4.1 Student members of the College may ask the OIA to consider any unresolved complaint against the College. For further information see Appendix 3. 2 Inserted from B
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