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Mitigating Circumstances Policy and Procedure

1. Introduction

1.1. Students may suffer from serious and unforeseen circumstances during their studies
that adversely affect their ability to complete an assessment task and/or their
performance in a piece of assessment. This Policy and the following procedure set out
how such circumstances should be reported to, and considered by, the College. The
accompanying guidance document provides greater detail about the process and
procedures that are to be followed by the student and the College with regards to
mitigating circumstances and can be found on the website at
https://www.imperial.ac.uk/about/governance/academic-governance/academic-
policy/exams-and-assessment/.

1.2. This policy has been mapped to the ‘Requests for Additional Consideration’ section of
the Good Practice Framework published by the Office of the Independent Adjudicator
for Higher Education. At the College the term ‘Mitigating Circumstances’ is used to
describe how a student can request that the College takes specific factors into
consideration in relation to their academic studies.

1.3. This policy applies to Undergraduate and Postgraduate taught students. It will only
apply to Postgraduate Research students in relation to taught elements of a doctoral
programme of study. Postgraduate Research students should contact their supervisor
for support and guidance if they are being impacted by personal circumstances in their
research. This may include making a request under Thesis Extension Request
process.

1.4. Students are responsible for submitting their own requests for mitigating
circumstances and for providing relevant, independent documentary evidence to
support their claim1. Student requests for mitigation should be made in accordance
with the deadline (10 working days, see paragraph 2.1) and must clearly state which
assessments have been affected by the circumstances. Students who submit requests
after the published timescales will need to provide a credible and compelling
explanation as to why the circumstances were not known or could not have been
shown/notified before the published deadline for the submission of claims. Failure to
submit due to a lack of understanding of the procedure or the timeframe will not
normally be considered acceptable. Submissions made without supporting evidence
as outlined in this policy will not be considered.

1.5. Any exceptions to the application of the College’s Mitigating Circumstances procedure
as a result of external accreditation of Imperial College London programmes must be
agreed at the point at which the programme is approved and students must be
informed clearly and unambiguously in the relevant programme handbook.

1.6. All requests for mitigation will be treated confidentially, processed formally and judged
impartially. Procedures for consideration of claims will be applied consistently.

1.7. Each department will convene a Mitigating Circumstances Board (MCB) to meet
regularly throughout the year in order to provide timely consideration of claims. The

1See evidence section for further details regarding expectations regarding evidence including self-
certification and where students are claiming in relation to flare-ups or acute exacerbations of a
chronic/known condition.
Imperial College London Mitigating Circumstances
Policy and Procedure

MCB will consider the claim and the evidence submitted in support of that claim. The
purpose of the MCB is to establish whether there is substantiated evidence of eligible
circumstances, and that there is clear evidence that the dates of the assessment and
the dates of the Mitigating Circumstances demonstrate that the student’s performance
would have been affected. The MCB will not consider the marks or the academic
profile of the individual student concerned. Mitigation should be dealt with on a
department-wide basis as far as possible to facilitate consistent and equitable
treatment. Where appropriate, a Faculty-wide Board could also be established.

1.8. The outcome of consideration of the MCB will be made available to the Board of
Examiners to inform their decision making.

1.9. Where reasonably possible, accepted mitigating circumstances should be handled by


flexibility in the arrangements for students to take the affected assessment. Such
arrangements will be supported wherever possible but students, even where mitigating
circumstances have been accepted, have no automatic right to individual assessment.

1.10. Students with a disability or a long term or chronic condition are normally supported
through the mechanisms set out in ‘Procedures for Consideration of Additional
Examination Arrangements in Respect of Disability’ and it is not therefore anticipated
that such students would normally be required to submit mitigating circumstances in
relation to these conditions where reasonable adjustments have already been put in
place for the student’s assessments. An exception to this would be where there is a
sudden or acute exacerbation which could not be managed through these
adjustments. This will need to be evidenced appropriately.

1.11. Students are responsible for ensuring that they are registered with a medical practice
during the course of their studies at the College.

1.12. As part of this procedure students can request an extension to deadline for selected
assessments. See section 12 of the procedure.

2. MITIGATING CIRCUMSTANCES PROCEDURE

2.1. Claims should be submitted as soon as possible and must be submitted within 10
working days of the assessment date. This allows for the claim to be considered and a
response to be made back to student as close to the point of assessment as possible.
For claims beyond this period see section 10 (late claims).

2.2. Where it is not possible to provide the evidence within this timeframe, students must
submit the form within the deadline and provide a clear indication of the evidence that
is to follow, and the expected timeframe.

2.3. A mitigating circumstances claim should be submitted by the student, using the
Mitigating Circumstances Form, if valid detrimental circumstances result in:

• the late or non-submission of an assessment task; or


• non participation in an assessment task such as non-attendance of
examinations(s), presentation or practical assessment, or for impaired
performance in a piece of assessment.

2.4. Where a student is requesting an extension to deadline in advance of the assessment


date, they should follow the instructions in section 12 and the protocol agreed by their
department’.

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Imperial College London Mitigating Circumstances
Policy and Procedure

3. Grounds for Mitigation

3.1. Grounds for mitigation are unforeseeable and unavoidable circumstances that could
have, or did have, a significant impact on the academic performance of a student. This
may occur at the time of the assessment or period immediately preceding it (e.g.
revision period).

3.2. They are:


• unforeseeable: the student would not have anticipated the event.
• unavoidable: it would not be possible for the student to have reasonably
avoided or prevented the circumstances.

3.3. Below is a non-exhaustive list of examples of mitigating circumstances which, with


relevant evidence, are likely to be accepted:
• Serious short-term illness or injury
• Worsening of an ongoing illness or disability, including mental health conditions
• Symptoms of an infectious disease that could be harmful if passed on to others
• Death or significant illness of a close family member or friend
• Unexpected caring responsibilities for a family member or dependant
• Significant personal or family crises leading to acute stress
• Witnessing or experiencing a traumatic incident
• A crime which has had a substantial impact on the student
• Accommodation crisis such as eviction or the home becoming uninhabitable
• An emergency or crisis that prevents the student from attending an exam or
accessing an online assessment
• A technical problem that prevents the student from accessing online teaching or
assessment
• Safeguarding concerns
• Absence for public service e.g., jury service.

3.4. Below is a non-exhaustive list of examples of mitigating circumstances which are


unlikely to be accepted:

• Holidays, house moves and events that were planned or could reasonably have
been expected
• Minor illness such as common colds or hay fever, unless the symptoms are
particularly severe
• Misreading the timetable or misunderstanding the requirements of assessments
• Assessments that are scheduled close together
• Inadequate planning and time management
• Minor transport disruption
• Failure, loss or theft of a computer or printer that prevents the submission of work
on time. Students should back up their work regularly and not leave completion
so late that they cannot find another computer or printer
• Normal exam stress
• Minor life events, unless the circumstances have had a disproportionate impact
• Consequences of paid employment (except in some special cases for part-time
students).

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Imperial College London Mitigating Circumstances
Policy and Procedure

4. Conditions for acceptance of claims

4.1. In order for a claim to be accepted, a student must provide independent documentary
evidence2 to demonstrate that the circumstances:
• were unforeseen;
• were out of their control and could not have been prevented;
• relate directly to the timing of the assessment affected; and
• meet the requirements relating to documentary evidence set out in section 5
below.

5. Independent documentary evidence

5.1. All claims must be supported by independent documentary evidence (see 5.2). Copies
of evidence can only be accepted where there is a reasonable explanation for the
original not being available. The evidence must be an official document e.g. a letter
signed on official headed paper and must include the dates during which the
circumstances applied and the contact details of the person or company supplying the
evidence for verification purposes if required.

5.2. In limited circumstances, such as an illness of short duration where a medical


certificate could not be obtained (e.g. Influenza), or for an acute flare up of a chronic
condition (e.g. migraine, epileptic seizure, panic attack), a student may ‘self-certificate’.
They must clearly describe the nature of the circumstances, the impact that they have
had on the student’s ability to complete the assessment, as well as the reason for
being unable to provide independent evidence. The use of self-certification will be
monitored to ensure this is not abused.

5.3. A student can seek a supporting statement from their Personal Tutor (or other suitably
qualified member of College staff) in order to help them articulate their claim, if that
individual is aware of the circumstances and the impact on the student. However, this
would not normally constitute independent documentary evidence but may be
accepted in exceptional circumstances.

5.4. The College reserves the right to check the authenticity of all documentation submitted
as part of a mitigating circumstances claim. In the event that a student is found to have
submitted evidence which is not authentic, this will normally be investigated in
accordance with the Academic Misconduct Procedure.

5.5. All documentary evidence should be presented in English. Any evidence that is not in
English must be translated using an authorised translator before it is submitted.

6. Potential sources and types of documentary evidence

6.1. The guidance document provides further details of the types of evidence that a student
may consider submitting to support a claim for mitigation. Please see the document at
https://www.imperial.ac.uk/about/governance/academic-governance/academic-
policy/exams-and-assessment/.

6.2. Students should ensure that any evidence that refers to a third party, such as a family
member, is provided with their consent and in line with data protection principles.

2 See section 5 for more information about the evidence requirements.

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Imperial College London Mitigating Circumstances
Policy and Procedure

Counselling

6.3. College Counsellors, Psychiatrists and Counsellors with a recognised professional


qualification may be asked to provide a confidential statement.

6.4. The College Student Counselling Service can only provide a letter on request for a
student who is already attending counselling with the service. Letters will not be
provided at a first meeting with a Counsellor or Advisor.

Illness and injury

6.5. Medical conditions which prevent attendance at, or submission of, an assessment
must be supported by written evidence from a registered medical practitioner. This
should be the person, practice or institution that diagnosed or assessed the
illness/injury at the time it occurred. All evidence should be clear as to the impact of
the condition on the student’s ability to study and be accessible to all audiences.

6.6. The College Health Centre can certify illness only for absence from the College lasting
more than one week (7 days) or absence from an examination. They cannot certify an
illness if the student had not been seen at the Health Centre during the illness.

6.7. Where an illness is short term it may be appropriate for the claim to be supported by
self-certification as per paragraph 5.2. There will be limits to the acceptableness of
self-certification (please see the additional guidance document at
https://www.imperial.ac.uk/about/governance/academic-governance/academic-
policy/exams-and-assessment/ for further details). It is expected that students in a
situation where they are ill on the day of an assessment which prevents their
attendance will make contact with the relevant member of the department as soon as
reasonably possible, and preferably before the start of the assessment.

Bereavement

6.8. The College recognises that the impact of a bereavement will vary significantly from
person to person. This may be due to the relationship with the deceased, the individual
student’s personal circumstances, or due to the manner of the death. The MCB
therefore has further discretion when considering claims on these grounds.

6.9. The normal expectation of the College where the mitigating circumstances relate to the
death of someone related to or known to the student, is that the claim will be supported
by a death certificate or an officially certified copy of a death certificate. It is noted that
it can be difficult or inappropriate in some circumstances to obtain a death certificate.
Alternative forms of evidence may be considered on an individual basis and advice
should be sought from the personal tutor, Registry or Imperial College Union.
Examples of alternative forms of evidence include an order of service, statement from
a religious leader or a media/police report.

6.10. Where a student has been affected by a death of someone other than a partner,
parent, child or close family member, the College expects the student to explain their
relationship to the deceased and the impact this had on their studies.

6.11. Bereavement will normally be considered to cover the assessments within the period
of the first year of the bereavement. Where a student feels that they have been
affected by a bereavement beyond this, they will normally need to provide additional
evidence to indicate the ongoing impact on their studies e.g. supporting medical
documentation.

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Imperial College London Mitigating Circumstances
Policy and Procedure

6.12. The College recognises that the impact of a bereavement is likely to have an ongoing
impact on a student in their studies, particularly on significant dates. Students should
seek support from their personal tutor, for example, and use this policy to claim for
mitigation where appropriate.

Financial and accommodation issues

6.13. Financial and accommodation problems must be substantiated by documentary


evidence. Claims and evidence for financial and accommodation problems are
considered on a case-by-case basis and must meet the conditions for acceptance as
set out in paragraphs 2.1 – 2.3 above.

Employment

6.14. Part-time students in employment who are prevented by their employer’s action(s)
from attending or completing assessments by the published deadline must provide
documentary evidence from their employer.

6.15. Full-time students will not normally be eligible to claim for mitigating circumstances in
relation to employment. The College expects that full-time students make their studies
a priority.

Personal issues

6.16. The College notes that students may have significant commitments outside of their
studies which have the potential to impact on their studies. It is expected that students
should normally be able to complete their programme of study alongside their
commitments, however, should this prove problematic, it may be appropriate to apply
for mitigation, request an extension or seek support in other ways. Students are
encouraged to discuss their circumstances at the earliest opportunity with the
programme team or their personal tutor.

6.17. Evidence to support personal issues will likely be varied in relation to each
circumstance but should be sure to demonstrate the impact on studies in relation to
the grounds for mitigation.

7. Confidentiality

7.1. The Mitigating Circumstances form and evidence will need to be considered by
members of the Mitigating Circumstances Board for the purpose of processing the
students claim.

7.2. If a student is reluctant to disclose evidence of a highly personal and sensitive nature,
they should submit the evidence in a sealed envelope marked with their name,
programme of study and the module(s)/assessment(s) for which they wish the
circumstances to be taken into account alongside the form. The envelope should be
clearly identified as Mitigating Circumstances Board: Strictly Confidential.

7.3. Communication to any other parties must only describe the form of mitigation which
has been agreed and must not disclose any details of the circumstance itself. Only the
student details and the decision will be made available to the Examination Board.

7.4. Details of claims for mitigation and supporting documentation will only be kept for the
period required in line with the College retention schedule.

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Imperial College London Mitigating Circumstances
Policy and Procedure

8. Mitigating Circumstances Board

8.1. The membership of the Mitigating Circumstances Board should be drawn as widely as
possible so as to allow for the independent scrutiny of claims by staff who are not
involved in the delivery of the individual student’s programme.

8.2. A member of academic staff must be nominated to act as Chair of the Board and an
administrator to act as Secretary to the Board. A nominee of the Academic Registrar
can attend the Board as an Observer.

8.3. Where a student is known to a member of staff other than in their professional
capacity, or where there has been significant prior involvement in the case, that staff
member must declare an interest to the Chair of the Board and must not participate in
any discussion of that student’s claim.

8.4. Mitigating circumstances claims should normally be considered by at least three


members of the Mitigating Circumstances Board. The Board should have planned
meetings to allow for the timely consideration of the claims, such as after any major
assessment period, as well as periodically through the year. This enables the student
to know the outcome of their claim as soon as possible.

Decisions

8.5. The Mitigating Circumstances Board can make the following decisions:

1) Accept: the claim is accepted as affecting the item(s) of assessment.


2) Reject: the claim is not accepted as affecting item(s) of assessment as it does not
meet the definition, does not have appropriate supporting documentation, or is late
without a compelling reason.

Accepted Claims

8.6. Where a claim has been accepted, the Mitigating Circumstances Board should identify
which of the following outcomes should be applied:

1. Defer: This will allow the Board of Examiners to consider offering the student:
a) a further opportunity to attempt the assessment(s) at the next available assessment
point. If relating to a first attempt at the assessment this will receive an uncapped
mark.
b) to take an uncapped SQT(s) to retrieve outstanding modules
c) to be permitted to take an SQT(s) to enable progression
d) to be offered an opportunity to retake the year as a first attempt

Where the assessment has been passed or the module overall is a pass, the Board
may also consider:
e) extended consideration at the borderline for an uplift in classification in accordance
with the regulations
f) consideration at the borderline where a qualifying mark is required for continued
progression

Whilst the above options would normally be sufficient, and the Mitigating
Circumstances Board may make a recommendation in the light of the information that
it holds, it is ultimately the decision of the Board of Examiners in the knowledge that

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Policy and Procedure

the student has an accepted claim for mitigation to consider the appropriate ‘mitigation’
to be offered, subject to the regulations and any programmes specific requirements.

2. Allow Late. Where the claim was submitted to mitigate for the late submission of a
piece of assessment, it would now be accepted as though ‘on time’ and will receive an
uncapped mark.

8.7. The Board of Examiners will determine the form and timing of the deferred
assessment. In cases where the assessment involved group work and presentation or
another format that cannot be replicated out of term time, an alternative assessment
will be provided at the next opportunity. The Board of Examiners must consider any
programme- or assessment-specific conditions or regulations with regards to any
options for further assessment.

8.8. Some Professional, Statutory and Regulatory Bodies set out conditions for the
acceptance of Mitigating Circumstances. Where this is relevant, students must be
advised of this in their Programme Handbooks and the Department must ensure that
those providing advice to students are aware of this.

Rejected claims

8.9. Where a claim has been rejected, the student must be written to in order to explain
why the claim could not be accepted.

8.10. A student will have one further opportunity to re-submit the claim within 5 working days
of the notification. This must be based on, and accompanied by, new evidence that
was not previously made available to the Mitigating Circumstances Board at the time
of the original submission for mitigation. Valid reasons as to why this evidence was not
originally provided should be detailed on the updated Mitigating Circumstances form.
In these instances the MCB must first consider if the reason given for not providing the
evidence in the first submission is acceptable, only considering the substance of the
claim if this is deemed to be the case. Submission of a claim on new grounds will not
be considered as part of this process.

8.11. In the correspondence regarding rejected claims, the right to appeal (see 11.1),
acceptable grounds, process and time limits must be clearly stated to the student.

Record Keeping

8.12. A full written record of the consideration of all mitigating circumstances claims must be
kept which details the outcome and the reason for the decision being reached. Once
considered, forms will be securely and confidentially stored in accordance with the
College retention schedule.

9. Faculty Oversight of Claims for Mitigation

9.1. Where department level boards are held for the consideration of mitigating
circumstances claims, each Faculty is responsible for ensuring consistency in the
decision-making processes across its provision.

9.2. In these areas the Faculty will appoint an oversight panel. The members of the panel
will be drawn from across the Faculty and should include staff with experience of
considering claims for mitigation, such as members of the individual MCBs.

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Imperial College London Mitigating Circumstances
Policy and Procedure

9.3. The Faculty may also consider inviting ex-officio members from other areas of the
College such as Registry, Student Services, Imperial College Union or the Disability
Service to provide additional expertise and to support the disseminate of best practice
across the College.

9.4. The Faculty Mitigation Oversight Panel (FMOP) will agree the appropriate method for
reviewing claims in its remit. The method will depend on the number and timing of the
claims received.

9.5. The FMOPs do not have the remit to overturn the decision of the MCBs, rather it is
expected that the review of claims will identify areas of best practice for dissemination
across the Faculty and the wider College. It may also make specific recommendations
to individual MCBs.

10. Late Mitigating Circumstances Claims

10.1. Where a student has not submitted their claim for mitigation within the 10-working day
deadline, the College will permit late claims under defined circumstances. Students
should submit a claim for mitigation as soon as reasonably possible after recognising
that it is necessary, using the procedures above. The final deadline for a late claim to
be made is no more than 10 working days after receiving the formal result at the end of
the year of study. Claims submitted after this final deadline will not be accepted.

10.2. In making any claim beyond the normal 10 working day deadline of the assessment,
the student must provide a credible and compelling reason(s) for the late submission
and independent documentary evidence to support the lateness of the claim. Citing a
lack of awareness of the procedure is unlikely to be accepted. Reasons that are likely
to be accepted relate to an incapacity to follow the process at the time such as
physical or mental ill health, trauma, or documented incorrect advice by a member of
College staff.

10.3. If new evidence comes to light following a rejected claim, the late submission route
may be followed subject to 10.1 and 10.2 above. The late claim must clearly explain
what new evidence has been submitted and why this could not have been provided at
the time. Evidence that could have been made available but was not requested by the
student from the ‘holder’, for example a letter from a medical practitioner, will not be
accepted as eligible for a late submission.

10.4. The claim should be considered by the Mitigating Circumstances Board in accordance
with the procedure above. Where the Mitigating Circumstances Board considers that
there are valid grounds for the late submission and that the student has provided
appropriate supporting documentary evidence, it will agree an outcome for the
accepted claim as set out in 6.6 above and this will be reported to the Board of
Examiners and the student.

11. Appeals against the decision of a Mitigating Circumstances Board

11.1. If the student considers that there has been a material procedural irregularity (College
procedures or policy have not been followed), or evidence of procedural unfairness in
the handling of the request (the decision is not reasonable in the light of the College
procedures and the documentation that was provided to make the claim), the student
can submit an appeal under the College’s Academic Appeals procedure. Students may
only appeal against the decision of the MCB (claim has been accepted, claim has
been rejected) and not specifically any recommendations made by the MCB to the
Board of Examiners.

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Imperial College London Mitigating Circumstances
Policy and Procedure

11.2. In addition to appeals against the decision of the Mitigating Circumstances Board,
there may be times at which the student considers that the Board of Examiners has
not considered their accepted grounds for mitigation in line with the College
procedures for progression or award. An Academic Appeal, as outlined in the
Academic Appeals procedure may be submitted by the student in these cases.

11.3. The student must ensure that any appeal is submitted by the deadline, on the
Academic Appeal form and provide supporting documentation. The appeal form must
provide a clear statement describing the reason for the appeal in relation to the
acceptable grounds.

12. Requesting an extension to an assessment deadline

12.1. For some types of assessment where a student finds, prior to the assessment hand-in
date, that their studies are being impacted by unforeseen or unavoidable mitigating
circumstances (see definition at section 3), they may be able to request an extension
to the deadline. Extension requests will not normally be accepted after the deadline, a
claim for mitigating circumstances must normally be made instead.

12.2. Each department will agree protocols for students to request an extension to deadline
and how they will be managed. This will include those authorised to grant extensions,
the process by which students may request an extension and the requirements for
supporting evidence. These protocols will be initially agreed by Faculty Education
Committee (FEC) or equivalent and forwarded to the Quality Assurance team. Updates
to the protocols will be made as necessary by FEC. A template extension request
proforma is available from Quality Assurance team in Registry which can be adapted
for use in individual departments.

12.3. For extensions of less than one week, the claim may be self-certificated. For longer
extensions the evidence requirements are expected to follow the guidance in the
Mitigating Circumstances policy.

12.4. Whilst supporting evidence is expected to be provided at the time of the request, the
person authorising the extension may give a set period for the evidence to be supplied.
Failure to provide the evidence by the period given will mean that the assessment will
be considered a late submission. This information will be clearly outlined in the
Programme Handbook(s)/ student support webpages.

12.5. Those designated within their department to grant extensions have the authority to
decide the length of the extension, taking into account feedback deadlines etc. It would
be expected that the length of extension would take into account the circumstances of
the student. For example, if the extension request is due to a 48-hour sickness, then
the extension should be of a similar length. The maximum period of extension will
normally be two weeks.

12.6. Exceptionally if the circumstances mean that an extension is required beyond the
normal two week period and there is thought to be an exceptional reason to accept the
request, this should be discussed with at least 2 members of the Mitigating
Circumstances Board. This would normally only apply where the student would not
gain advantage from the feedback of other students, for example in individual research
projects.

12.7. An extension to deadline may not always be suitable due the nature of the assessment
or the individual circumstances of the student. For example, an extension cannot be
granted for an examination type assessment or where the assessment deadline forms

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Imperial College London Mitigating Circumstances
Policy and Procedure

part of the learning outcomes for the module. Alternatively, the student’s
circumstances may mean that the extension would fall beyond any provisional
feedback or marks have been released to other students in the cohort. An interruption
of studies or claim for mitigating circumstances may be more appropriate.

12.8. Where a request has been rejected, the student should be given a clear reason for this
and given advice about any appropriate support mechanisms such as applying for
mitigating circumstances, an interruption of studies or other welfare support
mechanisms available within the College.

12.9. Where a student has been granted an extension, a claim for mitigating circumstances
will not normally be accepted for the same assessment. Exceptions will be made
where a different circumstance occurs in the same period or the original reason
extends beyond the expected end date. For example, a bout of illness that extends
beyond the normal recovery period.

12.10. Students who have been granted an extension, but submit after this new deadline will
be treated as a late submission i.e. if it is handed in up to 24 hours after the new
deadline the assessment will be capped at the pass mark, and after 24 hours the usual
0% capping will apply.

12.11. Departments are expected to keep a record of requests and decisions. This record
will be used to support students by identifying any concerning patterns of behaviour
and to monitor the demand within the department.

Approval details
First approved on: 10 October 2018 (effective for academic year 2018/19 onwards)
Approval by: Senate
Sub-committee to monitor and
review: QAEC
Version no: October 2021, version 1.2
Version effective from: Academic Year 2021/2022
Full review in: Academic year 2023/2024
Contact: Quality Assurance Team, Registry
Updates (type): Minor amendments Sept 2019 (approved by QAEC July 2019)
Minor amendments Oct 2021 (approved by QAEC Oct 2021)

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