Swansea University Final Review Procedure
1. Introduction
1.1
Where a student has been given a formal decision/outcome under relevant regulations/procedures, the student may request a final review of the decision/outcome in accordance with this Final Review Procedure. By way of example, students may request a final review of the formal decisions made/outcomes imposed at the conclusion of the University’s:
- Academic Misconduct Procedure;
- Appeals Regulations;
- Complaints Procedure;
- Fitness to Practise Procedure;
- Disciplinary Procedures;
- Withdrawal for for non payment of tuition fees (following the Finance Appeal).
The above list is not exhaustive and students should refer to the relevant regulations regarding the stage when they may request a final review (if applicable).
Students studying on collaborative programmes are referred to Appendix 1 for details as to whether they are eligible to use this Final Review Procedure and if so, the variations to Sections of this procedure which are applicable to their programmes.
1.2
Any requests for a final review must be made in writing to the Education Services Student Cases Team within 14 working days of the original decision of the Committee, Board or University Officer, by submitting the Final Review Application Form, which can be downloaded here: AR1RD-2-BI; via the University’s MyStudies (Canvas) website or obtained from Education Services.
1.3
If a final review application form is not received within the time limits stipulated, the final review will normally be treated as not eligible for consideration on the basis it is ‘out of time’, unless the student shows there to be a compelling reason for not having submitted the application within the time limits. Where it is decided that a final review application is not eligible for consideration, the student will be advised of this and issued with a Completion of Procedures letter.
1.4
If a student submits a request for final review before completing all stages of the relevant procedure (see 1.1 above) the request will be referred to the appropriate authority of the relevant procedure. The student will be copied into this referral. If on completion of the full process the student remains dissatisfied with the outcome, the student can then activate the Final Review procedure.
1.5
The Student Cases Team shall acknowledge, in writing, receipt of a request for a Final Review within 5 working days.
1.6
Final Reviews will normally be dealt with by a Student Cases Officer. However, where it if felt that there is a conflict of interest a reviewer will be considered by an Administrative Officer/Academic member of staff from outside of the Student Cases Team to ensure impartiality in the consideration of the final review. In such cases, the member of staff will be from outside of the School/Service area where the issue has arisen and will have no personal connection to student involved.
1.7
Students can seek free and independent advice and support, in confidence, in relation to final reviews from the Students’ Union Advice Centre. To make an appointment to see someone at the Students’ Union you can contact the Advice Centre via the new portal for contact for students at http://hello.swansea-union.co.uk/ where you can raise a ticket selecting category - Advice & Support from the drop down menu.
1.8
The University expects all parties to act reasonably and fairly towards each other, and with respect. If a final review is not upheld, the reasons for the decision will be communicated to the student.
2. Requests for Final Reviews Must be Based upon One or More of the Following Grounds:
- There is evidence of procedural irregularities in the initial consideration of the case which are of such a nature as to cause reasonable doubt whether the party/parties concerned would have reached the same decision had they not occurred
- There is new relevant evidence now available, which could not reasonably have been made available when the case was previously decided. The student must show a compelling reason why such evidence was not made available prior to the previous decision being made. Where the student could have made the new evidence available prior to the previous decision being made, such evidence will not be considered in determining the final review.
- That the decision reached was unreasonable. Claims of this nature must be supported by evidence and a clear rationale for the unreasonable nature of the decision. Claims that amount simply to an expression of dissatisfaction with the decision will not be considered.
3. Investigation/Determination of the Final Review
3.1
In the interests of transparency and fairness, the review investigation will be conducted through a process of open correspondence, unless there are compelling reasons for any information or communications to remain confidential.
3.2
The Reviewer may gather further evidence from either or both parties, or from other persons, and when satisfied that sufficient evidence has been gathered will review the case and may, at their, discretion:
- Dismiss the request for a final review and uphold the original decision. This decision shall be final, as detailed at Section 4.3 below;
- Refer the case back to the original decision-maker where a ground is upheld
- Make another decision permitted by University Regulation, Policy or Procedure.
The outcome will normally be communicated to the student in the form of a Completion of Procedures letter within 1 calendar month of receipt of the final review application. If it should prove impracticable to respond fully within this timescale, the student shall be updated as to the timescale.
3.3
The decision made under Sections 4.2, shall constitute the final decision of the request for Final Review, and the matter shall, therefore, be regarded as closed. There shall be no discussion of the decision with the student or any other person.
4. Office of the Independent Adjudicator (OIA)
4.1
The Office of the Independent Adjudicator for Higher Education (OIA) operates an independent student complaints programme pursuant to the Higher Education Act 2004. All higher education institutions in England and Wales are required to comply with the Rules of the programme. The OIA is not a regulator, it handles individual complaints against higher education institutions and is a free service to students.
4.2
On receipt of the Completion of Procedures letter, students are entitled to raise a complaint with the OIA providing that their complaint is eligible under its Rules. (These are on the OIA website www.oiahe.org.uk.)
5. Reporting, Monitoring, Evaluation and Review
5.1
Education Services shall report to the Student Cases Board statistical information relating to Final Review on an annual basis. It shall be the responsibility of the Board to monitor the data and make recommendations to the Regulations, Quality and Standards Board/University Education Committee as appropriate.
5.2
It shall also be the responsibility of the Regulations, Quality and Standards Board to review the Final Review Procedures and their effectiveness and make recommendations for changes to the University Education Committee, where appropriate, to be considered by Senate.
6. Accessibility
Students may request reasonable adjustments to the procedures in line with the Equality Act. Requests will be considered individually and confirmed to the student in writing.