This article is for Fitness to Practise Appeals and is intended as a helpful guide that should be read alongside the Fitness to Practise Policy, for related processes see Disciplinary, Fitness to Practise Investigation, Fitness to Practise Hearing, Academic Misconduct, Suspension or Mediation
Appealing a Fitness to Practise Hearing
If you remain dissatisfied with the findings and outcome you can appeal the Hearing.
Appeals against a decision to suspend or expel you must reach the university within 10 working days of the outcome being received.
For Appeals against any other decision, your appeal must reach the university within 20 working days of the outcome being received.
Outcomes communicated via email this is deemed to be received 24 hours after being sent. Outcomes communicated by hard copy post only these is deemed to be received 48 hours after being sent.
Appealing Fitness to Practise Investigation
If you remain dissatisfied with the outcome or handling of Fitness to Practise Investigation which did not lead to a Hearing, there is no formal appeals process although you may wish to raise a formal complaint within 3 months of the investigation; though we recommend acting sooner.
Appeals likely to be considered
include situations where you meet one or more of the following grounds to appeal;
An appeal is not a re-opening of the investigation and you will need to evidence your appeal to demonstrate you have valid grounds.
Drafting your Appeal
There is no form to complete; rather you will need to write to the University’s Deputy Academic Registrar for appeals against decisions to suspend or expel, or the University’s Casework Manager for any other appeals.
You don’t need to get your appeal perfect straight away- it is normally easier to correct/delete/add points from a rough draft than it is to try it write it perfect the first time.
You should consider grounds you are appealing on and try to build the strongest case and the strongest evidence to substantiate your appeal. A Sunderland Students’ Union advisor could help.
Tips for specific grounds
Evidence likely to be helpful
False evidence or a false application for appeals is an offence under both academic and disciplinary regulations and may lead to expulsion from the University
When to submit your request
Appeals against a decision to suspend or expel you must reach the university within 10 working days of the outcome being received.
For Appeals against any other decision, your appeal must reach the university within 20 working days of the outcome being received.
Outcomes communicated via email are deemed to have been received 24 hours after being sent. Outcomes communicated by hard copy post only are deemed to have been received 48 hours after being sent.
Where to send your request
The appeal can be emailed digitally to the University’s Deputy Academic Registrar (for appeals against decisions to suspend or expel), or the University’s Casework Manager (for any other appeals) at studentcasework@sunderland.ac.uk
Who reviews appeals
For appeals against suspensions of expulsions the Fitness to Practise Appeals Panel will include;
For all other appeals the Fitness to Practise Appeals Panel will include;
All academic staff members will have experience of fitness to practise cases. None of the members must have had previous involvement with the case other than a decision to make a precautionary suspension
Possible Outcomes
The Fitness to Practise Appeals Panel will consider whether the documentation of the case suggests that the decision of the original Fitness to Practise Panel was reasonable and the procedure was followed correctly. The Fitness to Practise Appeals Panel may;
Timescales
The decision and any recommendations of the Fitness to Practise Appeals Panel should be given to you within 5 working days.
Decisions of the Appeals Panel are final, and complete the University internal processes
Completion of procedures letter
is something you should receive if the appeal process for the fitness to practise hearing is concluded and is not upheld. The completion of procedures letter informs you that you have exhausted the internal appeals process and there is no further appeals action internally you can take.
Can I raise the issue externally?
Students who receive a completion of procedures letter do have the write to approach the Office of the Independent Adjudicator (OIA), an independent body set up to review complaints against Higher Education Providers in England and Wales, free to access for students
As a review body the OIA will consider how the university dealt with your complaints/appeal and its final decision. However the Scheme is not a further appeal to the university but is principally to consider whether the university has correctly applied its regulations and followed its procedures and whether the outcome is reasonable in the circumstances.
Can I take legal action?
Students will sometimes ask if they can take legal action, however we can’t advise on legal issues so you will need to speak to a qualified and appropriately trained legal service, preferably one that is familiar with higher education and/or the University’s regulations.
It should be noted that if you do take legal action, this may prevent you from approaching the Office of the Independent Adjudicator (OIA).
Page last reviewed: 01/03/2019
Next review due: 31/08/2020