Emergency Academic Regulations Terms of Reference 2019/20

Governing the Operation of University Assessment Committees and Boards of Examiners Convened to Execute the Emergency Academic Regulations

1. Introduction and Principles

The following outlines the constitution and terms of reference for the University's Assessment Committees and Boards of Examiners convened to execute the Emergency Academic Regulations.
Assessment Committees and Boards of Examiners are responsible, under the delegated authority of Senate, for the operation of the decision-making process relating to marks/grades, progression, and awards. Decisions of Committees/Boards in respect of assessment results, progression, and the conferment of awards constitute recommendations to the Awards Subcommittee of Senate.
Each Assessment Committee and Board of Examiners convened under these Emergency Terms of Reference will make judgments on student performance within its respective terms of reference set out below. It will minute the basis on which decisions are made and record these in the Student Information System (SITS) using the approved codes.

2. System of Assessment Committees and Boards of Examiners

The University operates a two-tier system, conducted sequentially through Assessment Committees and Board of Examiners, to determine the outcome of student assessment. This system shall continue to operate in the execution the Emergency Academic Regulations, albeit with modifications to the standard functions and powers of each tier as defined in the respective terms of reference below.

3. Scheduling of Assessment Committees and Boards of Examiners

Assessment Committees and Boards of Examiners will be scheduled in such a way as to best facilitate student progression and completion.
The scheduling of Assessment Committees will be determined locally by the relevant Faculty in consultation with Programme Administration the and the Directorate of Learning, Teaching and Quality Enhancement.
The scheduling of Boards of Examiners will be determined centrally by Programme Administration in consultation with the relevant Faculty and the Directorate of Learning, Teaching and Quality Enhancement.
Where appropriate/necessary, Assessment Committees and Boards of Examiners may be scheduled to run consecutively as a single event, but each meeting must be held independently in accordance with its constitution and terms of reference.
The Director of Learning, Teaching and Quality Enhancement and University Registrar must be notified of the date, time, and venue of all meetings of an Assessment Committee and Board of Examiners.

4. Terms of Reference for Assessment Committees

4.1 Establishment, Purpose and Scope of an Assessment Committee

Faculties shall establish an Assessment Committee for each of its programmes/awards in accordance to the provisions set out in Section 3. Every module delivered by the respective Faculty must be included within the scope of one such Assessment Committee.
The Assessment Committee is responsible for considering student performance on individual modules comprising a programme of study and ratifying the assessment results for those modules in accordance with the appropriate Academic Regulations. The Assessment Committee will forward these results to the relevant Board(s) of Examiners.
An Assessment Committee may not alter any academic regulation.
In ratifying results, the Assessment Committee will pay due regard to the maintenance of academic standards and the fairness and consistency of the assessment process.
An Assessment Committee may delegate the tasks defined within its terms of reference to the Chair. Any such delegation must have clear justification and be recorded in the minutes. Any actions taken under Chair’s Action on behalf of the Committee shall be reported at its next meeting (refer to Section 6).

4.2 Membership and Operation of an Assessment Committee Convened Under the Emergency Academic Regulations

4.2.1 Membership

An Assessment Committee convened under these Emergency Terms of Reference will as a minimum normally have the following membership:

Chair: Normally the Faculty Associate Dean (Learning and Teaching), or nominee. Nominees shall normally be another senior member of the Faculty who is independent of the programme and/or subject area(s) under consideration and who has undertaken the required training.
The Programme Leader responsible for the programme(s) to which the modules being considered contribute.
The External Examiner(s) associated with the modules under consideration (refer to Section 4.2.3).
The appropriate LTQE Business Partner.
The Secretary to the Assessment Committee.

At the discretion of the Chair, the following may be asked to attend the meeting if it is deemed their presence is necessary for effective decision-making:

The Module Leader, or nominee, of each module being considered.
A Programme Leader of an associated programme or pathway.
Any other members of academic staff and those others who have been approved by the Faculty Board as Internal Examiners for the modules to be considered by the Assessment Committee.
Any person(s) who in the opinion of the Chair could assist in the deliberations of the Assessment Committee in an advisory capacity. Such persons may not vote.

The following have the right to attend an Assessment Committee convened under the Emergency Academic Regulations:

Chair of Senate, or nominee.
Independent observer nominated by the Director of Learning, Teaching and Quality Enhancement. Observers may not vote

4.2.2-4 Operations

There will be no formal numerical quorum established for meetings of an Assessment Committee convened under the Emergency Academic Regulations. Quoracy shall be determined by the Chair. Quorum will not be established without the presence of the Chair.
If an External Examiner is not able to attend the meeting of the Assessment Committee, they must be notified of the outcomes ex post facto and be invited to endorse the decision/results. Subject to 4.2.3.1, all decisions taken by the Assessment Committee remain provisional until confirmed/endorsed by the appropriate External Examiner(s).
1. If it not possible to secure endorsement from an External Examiner in time to pass the results to the relevant Board(s) of Examiners, the Chair shall ratify the decisions and notify the External Examiner(s) accordingly.
2. No specific approval needs to be sought if an External Examiner is not able to attend a meeting of an Assessment committee. However, where no External Examiner is in attendance, the Director of Learning, Teaching, and Quality Enhancement must be notified in advance of the commencement of the meeting.
All members of the Assessment Committee shall have equal standing and shall enjoy equal voting rights.
1. Should there be a difference of opinion between the Internal Examiners and the External Examiner(s) relating to the confirmation of individual module marks or other decisions of the Assessment Committee that cannot be satisfactorily resolved by the close of the meeting, the issue shall be resolved by the Chair under delegated authority (refer to Section 4.5).
  The Internal and External Examiner(s) will present their views to the Chair and these, along with the decision of the Chair, will be recorded in minutes of the Assessment Committee. The decision of the Chair will be final.

4.3 Functions of Assessment Committees

To receive the minutes of the previous meeting of the Committee, consider any matters arising, and note any business undertaken by Chair’s action.
To ensure all decisions made about the outcomes of assessment, student performance, and the confirmation of marks are taken with due regard for the principles of equity, impartiality, and consistency.
To ensure all decisions made by the Committee are taken in accordance with the appropriate Emergency Academic Regulations, including, where necessary, any approved variance to or waiver from those Regulations.
To determine and ratify the marks for the assessment of individual students registered on modules considered by the Committee, taking into account any Extenuating Circumstances which have been approved or are otherwise pending approval.
1. An Assessment Committee has the authority to change the marks/grades of individual students or scale the marks for specific assessments or module(s). Any such changes must be undertaken in reference to the cohort as a whole and with due regard for the equity of the assessment process. The agreement of the appropriate External Examiner(s) should be sought for any such changes.
  Where the Committee has agreed to change and/or scale marks, the Chair will be responsible for notifying any other Faculties whose students have studied those modules. Such notification must be made prior to meeting of the Board(s) of Examiners considering the performance of those students.
2. An Assessment committee is not permitted to adjust marks/grades by systematic normalisation (for example, in reference to marks of a previous cohort or to match any particular distribution of marks).
To determine and authorise the Supplementary Assessment arrangements in respect of students who have not satisfied the criteria to pass a module under consideration and notify the relevant Board of Examiners of such arrangements and/or the outcomes of those arrangements.
To implement the penalty reached in the event of it being established that a student has breached the Regulations Relating to Academic Misconduct.
To act in accordance with the outcome of any appeals, made through the University's Academic Appeal Procedures, which have been upheld.
To monitor student performance in relation to module marks and statistical data and confirm that the standards achieved in the modules under consideration are being maintained and are consistent with comparable standards in the sector.
To meet any additional expectations required by Professional, Statutory and Regulatory Bodies (PSRBs) or other such external bodies.
To agree what actions shall be delegated to the Chair (refer to Section 4.5).

4.4 Conduct of Meetings of Assessment Committees

Decisions about student performance on each module will be taken on the basis of the evidence before it from the outcomes of assessments only, without reference any other evidence submitted by the student or members of the Assessment Committee.
When making decisions about individual student performance, the Assessment Committee will normally only discuss those students who have failed to satisfy the requirements of the assessments.
The proceedings of an Assessment Committee shall be confidential to its members, the relevant Faculty Board, and the Senate.
Minutes shall be taken at each meeting of an Assessment Committee.
The Minutes of an Assessment Committee shall remain within the purview of the Committee but shall, in appropriate circumstances, be made available to other University Committees and Officers, the Director of Learning Teaching, and Quality Enhancement, the Academic Registrar, and the Appeals and Complaints Officer.
Under no circumstances may decisions/results be communicated to students until they have been formally ratified by the Committee and by means other than the formal process agreed by the University.
The Faculty shall, within ten working days of the decision of an Assessment Committee issue to all students individually, in confidence and in writing, the decision of the Committee concerning their own overall performance, including any requirements to undertake Supplementary Assessment along with details of the assessment task(s).

4.5 Delegated Authority (Chair's Action)

An Assessment Committee convened under the Emergency Academic Regulations may delegate its responsibilities to the respective Chair in relation to recommendations concerning an individual student, or groups of students. Delegated responsibility should normally only be exercised in exceptional cases, for example:

To correct errors in and/or rectify omissions to the assessment marks and/or module results presented to an Assessment Committee.
To consider module results for a very small number of students where it is not practical to (re)convene an Assessment Committee.
To ratify decisions in the absence of securing the timely endorsement of the External Examiner(s)
To make a decision on differences of opinion between Internal and External Examiners that could not be satisfactorily resolved during a meeting of the Assessment Committee.
To approve changes to a student’s assessment marks and/or module results following Academic Appeal.

5. Terms of Reference for Boards of Examiners

5.1 Establishment, Purpose and Scope of a Board of Examiners

A Board of Examiners will be established for each award assessed and conferred by the University in accordance to the provisions set out in Section 3. Every award will be included within the scope of one such Board of Examiners.
A Board of Examiners is responsible, on behalf of Senate, for considering the overall profile of each student registered on a programme of study and for making decisions in accordance with the appropriate Academic Regulations, including decisions on compensation, progression, reassessment, referral, restudy, and the conferment and classification of awards.
Boards of Examiners receive the decisions made by the associated Assessment Committee(s) and will automatically endorse all such decisions concerning ratified marks/grades. In addition, Boards will consider the eligibility for reassessment (where such decisions have not been made by an Assessment Committee), and deferred assessment.
Under no circumstances may a Board of Examiners change the marks/grades of individual students or groups of students that have been ratified by a properly constituted Assessment Committee.
A Board of Examiners may not alter any academic regulation, including those approved as a variance to or waiver from the Emergency Academic Regulations.
In making decisions and determining outcomes, the Board of Examiners will pay due regard to the maintenance of academic standards and the fairness and consistency of the assessment process.
A Board of Examiners may delegate the tasks defined within its terms of reference to the Chair. Any such delegation must have clear justification and be recorded in the minutes. Any actions taken under Chair’s Action on behalf of the Board shall be reported at its next meeting (refer to Section 6).

5.2 Membership and Operation of a Board of Examiners Convened Under the Emergency Academic Regulations

5.2.1 Membership

A Board of Examiners convened under these Emergency Terms of Reference will as a minimum normally have the following membership:

Chair: Nominee of the Vice-Chancellor (nominees shall be a senior member of the University who is independent of the programme and/or subject area(s) under consideration and who has undertaken the required training).
The Programme External Examiner(s) associated with the Awards(s) under consideration.
Associate Dean, Learning and Teaching, of the Faculty responsible for the programme(s) being considered.
The Programme Leader responsible for the programme(s) being considered contribute.
The appropriate LTQE Business Partner.
The Secretary to the Board.

At the discretion of the Chair, the following may be asked to attend the meeting if it is deemed their presence is necessary for effective decision-making:

Any person(s) who in the opinion of the Chair could assist in the deliberations of the Assessment Committee in an advisory capacity. Such persons may not vote.

The following have the right to attend an Assessment Committee convened under the Emergency Academic Regulations:

Chair of Senate, or nominee.
Independent observer nominated by the Director of Learning, Teaching and Quality Enhancement. Observers may not vote.

5.2.2 - 5.2.5 Operations

There will be no formal numerical quorum established for meetings of a Board of Examiners convened under the Emergency Academic Regulations. Quoracy shall be determined by the Chair. Quorum will not be established without the presence of the Chair.
If an External Examiner cannot attend a meeting either in person or virtually (through, for example, Skype, MS Teams, or other telephone or video conferencing platforms technologies), the Chair must obtain the approval of the Vice-Chancellor (or nominated delegate) in advance the Board of Examiners to take place. This should be recorded in the minutes.
If the External Examiner(s) is not able to attend the meeting of the Board, they must be notified of the outcomes ex post facto and be invited to endorse the decision/results. Subject to 5.2.4.1, all decisions taken by a Board of Examiners remain provisional until confirmed/endorsed by the appropriate External Examiner(s).
1. If it not possible to secure endorsement from an External Examiner before the stated date by which students shall be notified of results, the Chair shall ratify the decisions and notify the External Examiner(s) accordingly. This must be recorded in the minutes as a secretary note and the Vice-Chancellor notified.
All members of the Board of Examiners shall have equal standing and shall enjoy equal voting rights.
1. Should there be a, difference of opinion between the External Examiner(s) and the Board that cannot be satisfactorily resolved by the close of the meeting, the issue shall be resolved by the Chair under delegated authority (refer to Section 5.5). The Board and External Examiner(s) will present their views to the Chair and these, along with the decision of the Chair, will be recorded in minutes of the Board. The decision of the Chair will be communicated to the Vice-Chancellor for approval.

5.3 Functions of a Board of Examiners

To receive the minutes of the previous meeting of the Board, consider any matter arising, and note any business undertaken by Chair’s action.
To ensure all decisions made about individual students are taken with due regard for the principles of equity, impartiality, and consistency.
To ensure all decisions made by the Board are taken in accordance with the appropriate Academic Regulations, including, where necessary, any approved variance to or waiver from those Regulations.
To consider all information that is pertinent to reaching a decision on the overall performance of each student. This includes, but may not be limited to:
- The decisions of the associated Assessment Committee (including those in respect of the ratification of marks/grades; the arrangements for and/or outcomes of reassessment; the recommendation(s) and/or outcomes of any investigation and/or appeal).
- Any credit awarded to the student through the Recognition of Prior Learning procedures.
- Details of approved extensions on assessed work.
- Any approved or pending Extenuating Circumstances.
To confirm the award and progression results for individual students with regard to credit and award requirements.
To confirm if a student is eligible to progress to the next Stage of the programme, including whether they are permitted progress while being referred in up to 40 credits.
To confirm the Safety Net Baseline or Provisional Safety Net Baseline of relevant students and, where necessary, review or otherwise make 'firm' Provisional Baselines in accordance with the Emergency Academic Regulations.
To confer awards, and, where appropriate, the class or grade of the award, to individual students who have completed the requirements for the award . This shall include awards made under Aegrotat procedures or awards conferred posthumously.
To confer intermediate / fall-back awards to eligible students who have withdrawn from the University or who are otherwise unable to continue on their programme of studies.
To confirm if a student's overall performance in a single Stage of a programme should be permitted to compensate for failure in up to the equivalent of 20 credits in accordance with the appropriate Emergency Academic Regulations.
To decide if student will be permitted to resit failed modules, with or without attendance, in accordance with the appropriate Emergency Assessment Regulations.
To consider the profile of part-time students and either:
1. Make a formal progression decision if the minimum profile for progression has been achieved; or
2. Confirm their eligibility to continue their studies into the next academic year.
To implement the appropriate penalty in the event of it being established that a student has breached the Regulations Relating to Academic Misconduct.
To consider the deficiencies in student profiles that require students to progress under referral or otherwise prevent progression or completion of their programme and agree appropriate actions relating to the provision of academic advice and related support and guidance.
To make final decisions regarding a student’s eligibility to continue on their programme of study and, where necessary, confirm the termination of registration.
To monitor data on student performance and confirm that the standards achieved in the awards under consideration are being maintained.
To meet any additional expectations required by Professional, Statutory and Regulatory Bodies (PSRBs) or other such external bodies.
To agree what actions shall be delegated to the Chair and to confirm that all such actions will be reported to the Board at its next meeting (refer to Section 5.5).

5.4 Conduct of Meetings of Boards of Examiners

Decisions about student progression and achievement will be taken on the basis of the evidence before the Board only.
When making decisions about individual student performance, the Board of Examiners will normally only discuss in detail those students who have not met the required profile for progression or eligibility criteria to be conferred their intended award.
The proceedings of a Board of Examiners shall be confidential to its members, the relevant Faculty Board, and the Senate.
Minutes shall be taken at each meeting of a Board of Examiners.
The Minutes of a Board of Examiners shall remain within the purview of the Board but shall, in appropriate circumstances, be made available to other University Committees and Officers, The Director of Learning Teaching, and Quality Enhancement, the Academic Registrar, and the Appeals and Complaints Officer.
Under no circumstances may decisions/results be communicated to students until they have been formally ratified by the Board and by means other than the formal process agreed by the University.
The University shall, within ten working days of the decision of a Board of Examiners, issue to all students individually, in confidence and in writing, the decision of the Board, including, where necessary, details of the Individual Student Support Plan the Faculty will provide to support students in their studies.

5.5 Delegated Authority (Chair's Action)

A Board of Examiners convened under the Emergency Academic Regulations may delegate its responsibilities to the respective Chair in relation to recommendations concerning an individual student, or groups of students. Delegated responsibility should normally only be exercised in exceptional cases, for example:

To correct errors in and/or rectify omissions to the information presented to a Board of Examiners.
To consider module results for a very small number of students where it is not practical to (re)convene a Board of Examiners.
To ratify decisions in the absence of securing the timely endorsement of the External Examiner(s).
To make a decision on differences of opinion between the Board and External Examiners that could not be satisfactorily resolved during a meeting of the Board.
To approve changes to a outcomes and/or decisions results following Academic Appeal.