Mitigating Circumstances 2016 - Brookes Union Advice Service

migitating Complaints circumstances Procedure 01865 484770 su.advice@brookes.ac.uk

If your ability to study has been impaired for reasons that are outside your control you may be entitled to apply for a deadline extension, an opportunity to resit coursework or an exam,or in some circumstances, an opportunity to retake a whole module.This guide is designed to help you to understand the rules and processes for making an application for an allowance under the mitigating circumstances regulations.

This guide covers all aspects of the mitigating circumstances rules and regulations and we have separated out each aspect so you can either read the whole guide or skip to the section you want further information on.

The regulations on mitigating circumstances are fairly complex and if you would like to discuss any aspect of making an application, would like advice on what your options are if you are declined, or you would like to discuss the financial and funding implications of mitigating circumstances please contact Brookes Union Advice Service (BUAS). Our advisers will be happy to talk to you. Our service is confidential and independent of the University. Our advisers will not share any information about you with the University unless you ask us to.

Our contact details and opening hours are listed at the end of this guide.

What are Mitigating Circumstances?

The university defines mitigating circumstances as ‘circumstances which are beyond the control of the student and which could not be reasonably accommodated by the student and which seriously impair performance in assessment.’

Mitigating circumstances are circumstances which have such a serious effect on you that they prevent you from being able to study normally and so reach your full potential in assessment.

Examples would include: • • • •

your own ill health, either physical or mental serious illness or death of a family member or person close to you difficult personal circumstances that affect you a significant unexpected event that disrupts your study

When thinking about making an application you need to consider whether you can show that: • you could have done nothing to prevent the circumstances occurring • it would not be reasonable to expect you to continue as normal with your studies in the circumstances • the circumstances seriously affect your ability to study If you are deemed to have mitigating circumstances you will be awarded an “allowance”.

This allowance is designed to try to put you in the position you would have been in had the circumstances not existed. The allowance available will depend on the type of application you make (Table 1). The type of application you make will of course depend on how you were affected and on the length of time you were affected by the circumstances.

(Table 1:) Type of request

Possible allowance

Type 1 - extension or re-arrangement of an in-class test

1 day to 1 week extension on coursework deadline; re-arrangement of an in-class test.

Type 2 - extension

Type 3 - Reassessment

2 week to 5 week extension on coursework deadline

resit of exam or coursework or retake of the whole module

How and when do I apply Whatever type of request you make you must make it on the mitigating circumstances application form. You will find a link to an online version of the form on your PIP. If you cannot access the online version you can download a copy from the Student Central section of the Brookes website. You will find a link under the section entitled “Student Request Forms” and then “UMP forms” (www.brookes.ac.uk/students/your-studies/student-requestforms/ump/).

As far as possible you should apply before the relevant deadline (see Table 2 below). You may make an application at any time after a deadline and there is no time limit but if you submit an application after the deadline you will have to provide a convincing reason, with evidence, to prove that you could not have made the application at any time before you actually did. This means that you must show, not only why you missed the deadline but why you continued to fail to submit an application until the date you actually made it.

Completing the form The form is divided into 6 sections.

Part 1:

In this section you must enter your personal details. As you do this check that your current address is correct on your PIP as this may be used as a correspondence address.

Part 2:

List each module that you wish to apply for mitigating circumstances on. You must list each module you wish to be considered for an allowance. You must also specify the type of assessment you are requesting an allowance on, e.g. Exam

Part 3:

This is where you set out the details of your mitigating circumstances. You should ensure

that your statement covers all three conditions, ie. beyond your control, could not be accommodated and affect your performance. Explain what your circumstances are and how they affect you. Do not assume that the assessor will understand the symptoms and effects of any illness or condition. You may need to explain for example that your condition or circumstances disturbs your sleep pattern and causes excessive tiredness or prevents you from concentrating on your work. If you are on medication you should describe any side effects that impact on your ability to study. If you are in pain you should describe the effect this has on your ability to function. If you are applying for mitigating circumstances for a reason connected to someone close to you it is important to explain how you are affected, for example worry, stress, sleeplessness, caring responsibilities that take you away from the University.

It is also very important that you state the length of time you have been, or expect to be, affected. This will help you to get the appropriate allowance. If, for example, you have been diagnosed with an illness or condition that will affect you for the whole of the semester you must make it clear that an extension will not be a suitable allowance.

You may use this section to ask for the allowance you think is appropriate, for example, a Type 3 request for a reassessment could be a resit or a retake. If you would like to be considered for a resit of your exam you should state this. If you feel that you have been so badly affected that a resit would not be appropriate you should ask for a retake of the module. You may not get the allowance you request but this is your only opportunity to state your desired outcome.

Part 4:

If you have missed the relevant deadline you must complete this section of the form. The relevant deadlines are shown below (Table 2): (Table 2:) Type of assessment Coursework assignment

In class test

Exam

Relevant deadline Date and time of the coursework submission deadline

Date and time of the in class test The Mitigating Circumstances Panel deadline. You can find these dates on the Brookes calendar - link via the Student Central section of the Brookes website

In this section you must give an explanation as to why it was not possible to submit your application before now. Your reason may be that you were so unwell you were physically or mentally unable to make the application, or you may have been suddenly taken up by a crisis or emergency and were not able to think about anything else. Where appropriate you may also use this box to state that you were waiting for supporting evidence. An application is not considered complete until all of the relevant evidence is provided, so if you can show that you could not get a GP appointment until after a relevant deadline you may give this as a reason. You should provide proof that you could not see a doctor or get evidence before the deadline. An email confirmation from the surgery should be sufficient. Similarly, you may have been waiting for a supporting letter from a counsellor or a letter from a consultant

before you could make your application and if so you should state this in this section if this is the reason for the delay.

It is important that your reasons for lateness are strong. When your application is considered the assessors will firstly look at your reasons for lateness and only if they are convincing will they consider your mitigating circumstances.

Part 5 :

In this section you must list all of the pieces of supporting evidence you have provided.

All the evidence you provide must be from an independent, authoritative third party such as a doctor, social worker, police officer, counsellor etc. The evidence could be a letter or document such as a death certificate or sick note. If you are on medication you should include a copy of the prescription or other proof. Evidence from a person who is not acting in a professional capacity will not be considered. A statement from a friend or relative, for example, will not be a accepted as a piece of supporting evidence.

If you are making a late application and complete parts 3 and 4, you must have evidence to support both statements. This could be the same piece(s) of evidence or different pieces to support your mitigating circumstances and separately your reasons for lateness, depending on the circumstances.

If you do not have any evidence (for either an in-time or late request) you must still complete this section, but instead of listing your evidence you should write a statement to explain that you have no evidence and you must give the reasons for this. If you do not your application will be held “pending� on the assumption that evidence will be provided later. If you do not have supporting evidence for a type 2 or 3 request your application is likely to fail so you should make every effort to gather some evidence.

NOTE: For a Type 1 request you do not normally need supporting evidence unless your application is late. If your Type 1 application is made after the relevant deadline you must provide evidence to support your reasons for lateness.

Part 6 :

In this section you should tick the relevant box to indicate the type of request you wish to make.

Types 1 and 2 are requests to extend a deadline. There are two issues to consider when you make either of these requests. The first one is to work out whether you have given enough information in your statement to make clear how much extra time you need. The second is to consider whether the extension you need will give you enough time to complete the work. Remember that you cannot be awarded an extension that goes beyond the normal assessment date for the module. For example, if you need a five week extension but it’s the middle of May and the module is assessed at the end of May this will not be possible. You will have to decide whether you can complete the work by the final assessment date or make a Type 3 request for a re-assessment.

Type 3 requests are for a reassessment of the module. This could either be a request for a resit of an exam or a resubmission of coursework or a retake of the whole module at a later date. You can use the statement in Part 3 of the application to specify whether you would like to be awarded a resit or a retake. A resit, assuming you pass the assessment, will allow you

to continue with your normal programme. A retake would give you a disregard of the whole module and an opportunity to take it again free of charge at a later date.

Submitting the form All applications for all types of request should be submitted via PIP or, if you complete a paper application, to Student Central. If you make a Type 1 request you do not need to do anything further unless it’s late. If you complete an online application for a Type 2 or 3 request through PIP or a late Type 1 request you will need to submit your evidence separately,either by email to studentrecords@brookes.ac.uk or in person at the Student Central counter on the ground floor of the John Henry Brookes building. If you download a form you should submit both form and evidence to Student Central, either by email or in person.

If you make an application before the relevant deadline it is recommended that you continue working towards your assessment and submit your coursework assignment by the relevant date or sit your exam. You can email your module leader to say that you have made a mitigating circumstances application if you wish. If you are granted an allowance you will be able to resubmit by the new deadline or resit an assignment or exam. If your application is declined however, you still have some chance of getting a mark.

Assessment and outcome Type 1 requests received before the relevant deadline are forwarded to your module leader who should make a quick decision and communicate the outcome to you. Type 1 requests submitted after the deadline will be considered by your faculty Mitigating Circumstances Panel or a sub group of the Panel. This panel is made up of staff from your faculty.

Type 2 and 3 requests submitted before the relevant deadline will be considered by a sub group from your faculty MCP. Late Type 2 or 3 requests will be considered by your faculty MCP if they are received by the Mitigating Circumstances Panel deadline. If your application is received after the Mitigating Circumstances Panel deadline it will be considered by Student Central.

All late requests will be considered by the assessors in this order. Firstly, they will look at your reasons for lateness. If they find that your reasons for lateness are not justified they will decline your application. They will not consider your mitigating circumstances, however strong they are. If they believe your reasons for lateness are justified they will continue with the assessment and consider your mitigating circumstances. If they conclude that you have mitigating circumstances you will be granted an allowance.

The length of time you can expect to wait for a decision will depend on the type of application you make and when you make it. Generally the later you make it the longer you can expect to wait.

If you make a Type 1 or 2 request you should continue to work towards your assessment and submit it as soon as you can.

Unhappy with a decision?

If you are not satisfied with the outcome of your application you have 2 options.

1. Request a review within the time limit. You cannot appeal a decision but you can ask for the decision to be reviewed if you believe that it was improperly made. You cannot introduce new evidence or change your statement(s). You must set out why you believe that no reasonable person would have made the same decision. If the original decision is changed you will be awarded the appropriate allowance. If the original decision is upheld you will receive a Completion of Procedures (CoP) letter from the University and you will have no further opportunity to make an application on the relevant module(s). If you are given a CoP letter and you are still not satisfied with the decision you may make a complaint to the Office of the Independent Adjudicator (OIA). See also the section on Taking Further Action below.

2. Make a fresh application of the same or a different type. You may make as many applications as you wish; there is no limit; however, you must be aware that the later your application is made the more difficult your explanation for lateness will be. If you are considering this option it may be worth talking to an adviser at BUAS to go over the strength of your case and to get help in preparing it.

3. Accept the decision and consider your options. If the rejection of your application has meant that you have failed modules you may wish to view our Options guide or talk to an adviser at BUAS for advice on the possible implications of failure.

Taking further action If you are still not satisfied that the University has dealt with your application and review fairly and properly you may wish to consider making a complaint to the Office of the Independent Adjudicator. The OIA is the independent, Government-appointed body, tasked with administering a student complaints scheme. The OIA will not re-assess your application, but will look at whether the University applied its regulations and procedures correctly and properly and will consider whether the decision was fair and reasonable in the circumstances.

If the OIA finds that your complaint is partly or wholly justified it can make recommendations to the University, although it cannot force the University to act on its recommendations.

To make a complaint to the OIA you must normally have received a CoP letter and you must make your complaint within three months of the date of that letter.

You can find out more about the OIA here http://www.oiahe.org.uk/. Our advisers at BUAS can offer you further advice on taking a complaint to the OIA should you need it.

Frequently Asked Questions I am going through a tough time at the moment and it is affecting my work but I really don’t want to fall behind if I can help it. Can I try my best and then apply for Mitigating Circumstances if my results are disappointing?

No, you shouldn’t do this. If you fail to apply before the relevant deadline you will have to explain why it was not possible for you to apply at any time before you did. You can however make a Type 3 application for MC and if you are granted a reassessment you can decide whether to take it or keep the grade you have been awarded. NOTE: if you do this and you want to keep the grade you were awarded you must inform Student Central immediately otherwise your grade will be disregarded and you will have to take the reassessment.

I have a deadline coming up and I want to submit a Mitigating Circumstances application due to ill health but I need evidence and I cannot get an appointment with my doctor until after the deadline. Can I submit my application and state that evidence will be supplied later. I don’t want to be “late” You can submit your application and in the section for stating evidence you can explain that you will provide it when you have it. Your application will be held in a pending file and will only be deemed to have been made once all of the evidence is submitted. You can use the fact that you had to wait for evidence as a reason for lateness. You should provide proof that you had to wait eg by asking the doctors surgery to confirm the date of your appointment.

I have asked for an extension but the deadline is near and I have not been given a decision. Should I submit the work that I have done/sit the exam?

Yes you should. Unless you have applied for a type 1 extension and your Module Leader has granted it your application could take longer to process than the time you have until your deadline. You should submit any work you have done and send an email to your Module Leader to explain that you have made an MC application. If you are awarded an allowance you can re-submit your work within the new deadline and if you are rejected you have a chance of getting a grade.

I have already made a Type 1 or 2 application, can I change this to ype 2 or 3 application?

You cannot amend the application you made but you can make a further application in respect of the same module(s). If you make a new application you must ensure that you give reasons for your continued (or new) mitigating circumstances and provide further evidence.

How long will I have to wait for a decision?

This depends on when you made your application. If you made the application before the relevant deadline you should not have to wait very long for a decision. If you made a Type 1 request you can ask your Module Leader to tell you the outcome. If you made a type 2 request your application will be considered by a subgroup of your faculty Mitigating Circumstances Panel who can arrange meetings on an ad-hoc basis. The subgroup will assess your MC and determine the allowance at the the same meeting. If you haven’t received a decision after a week or so you can contact the MCP secretary of your faculty to ask for information.

If you made an application after the relevant deadline you can expect to wait longer for the outcome. This is because the decision on your MC and the allowance will be determined by separate panels.

If you made your application after the MCP deadline you can expect to wait even longer as the assessment of your MC will be made by Student Central who have to deal with all applications made after the MCP and not just those within your faculty. Student Central staff will assess the MC but will pass the decision on to a separate authority for an allowance to be determined.

I want to apply to resit coursework. If I am successful will I be given a new title or will I be permitted to resubmit the piece I was originally given?

This will depend on your module leader. As soon as you get a decision about your application you should contact your module leader to discuss this.

The link on my PIP to the MC form is not working You can download an application form here https://www.brookes.ac.uk/students/yourstudies/student-request-forms/ump/ I made an application for a one week extension but I realise now that one week was not enough and I need more time. The original deadline has passed. Can I make an application for a further extension and will it be late since the original deadline has passed?

If you have already made any type of request and your mitigating circumstances continue or worsen and you need more time then yes, you can make a further application. Your new relevant deadline will be the new deadline you were given when the allowance was made to you. For example if you were given an original coursework assignment deadline of 1st April and you asked for a one week extension your new relevant deadline would be the 8th of April. As long as you submit your new application (with evidence) by the 8th of April, your application will not be late.

I have a disability memo which gives me an automatic 2 week extension on my coursework. I need an extension of longer than 2 weeks - can I apply?

Yes you can but you must be able to demonstrate that your mitigating circumstances are not covered by your automatic extension. If the circumstances are unrelated to your condition or disability this will be straightforward. If your circumstances are related to your condition or disability then you will need to provide a statement to show that you were affected for more time and more severely than your automatic extension provides for. Your relevant deadline for making an application for a further allowance will be the original deadline plus the period of your automatic extension. For example if the original submission date of the assignment is 1st of April, your automatic extension takes you to 15th of April. If you need 4 weeks in total, as long as you make your application by the 15th of April your application will not be late.

I made my application weeks ago and I haven’t heard anything - what can I do?

If you made an application before the MCP deadline you can contact your Faculty MCP secretary. If you made your application after the MCP deadline you should contact Student Central.

My evidence is not in English - can I submit it anyway?

Evidence that is not in English cannot normally be accepted and you will have to have it translated. If you do not have the funds to do this you may make an urgent application for a grant from the University Financial Aid fund. To find out more follow this link https://www. brookes.ac.uk/studying-at-brookes/finance/financial-aid/financial-aid/ and either talk to the financial aid team or to an adviser at BUAS. In some cases where the meaning of words are obvious it may be possible to submit evidence in a language other than English.

I have been granted a retake, will I have to pay for the retake?

No, if you have been awarded a retake you will not be charged a fee for the module but be aware that you must repeat that particular module. If you decide to substitute a different module you will be charged for it.

Will applying for a retake through MC have any effect on my degree classification or Grade Point Average?

If you are unsuccessful in your application for mitigating circumstances and you do not pass the module then your GPA will be affected as all graded modules are counted in your GPA. Your classification will not be affected because failed modules are not used in the calculation. If you are successful then your GPA will not be affected because the module will be disregarded.

If I am awarded a disregard for a module will this count as one attempt at a module?

No it won’t. All disregarded modules will be effectively erased from your programme so it will be treated as if you had never taken it at all.

If I have to repeat a year or part year because of MC will I be able to get funding from Student Finance England?

This depends on how many years of previous study you have undertaken. Please see our “Options” guide for further information or contact us for advice. Be aware that even if you have exhausted all of your normal funding, you can apply for additional funding as a result of MC. Will a repeat year due to disregards count towards the maximum number of years I have to complete my degree?

Yes it will.

I am on a period of Approved Temporary Withdrawal but have been awarded a resit due to MC. The date of the resit falls within the period of my ATW. What should I do ?

If you are unable to resit your exam or re-submit coursework due to mitigating circumstances you must make a new mitigating circumstances application for a type 3 request. If you do not you will be awarded a fail.

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