Mitigating Circumstances Policy
1. Purpose and Scope of the Policy
1.1 Purpose
1.1.1 During a student’s study, they may encounter difficult or challenging circumstances that could impact their ability to engage with their studies and/or assessments. Students are expected to make reasonable plans to take into account commonly occurring circumstances, even those which, on occasion, may have been unforeseeable and unpreventable.
1.1.2 Mitigating Circumstances are circumstances which:
- Impair the performance of a student in assessment or reassessment
- Prevent a student from attending an assessment or reassessment
- Prevent a student from submitting assessed or reassessed work by the scheduled date
1.1.3 Such circumstances would normally be:
- Unforeseeable – in that the student could have no prior knowledge of the event concerned
- Unpreventable – in that the student could do nothing reasonably in their power to prevent such an event
1.1.4 Other policies are available to support students, and more information can be found on the University Student Policies webpage. For example:
1.1.5 Students who believe that they are impaired or unable to engage with an assessment (or assessments) and fit within the definitions detailed above can apply for Mitigating Circumstances.
1.2 Scope
This Policy applies to all forms of summative assessment and is for students considering submitting a claim for Mitigating Circumstances only.
1.2.1 Students are eligible to submit up to 7 days after the original deadline without evidence via the application form. Applications for Mitigating Circumstances Self-Certification for eligible coursework must be submitted by 23hr: 59 minutes on the day of the original deadline. Any applications submitted after the deadline will be rejected.
1.2.2 A student can only submit late, without evidence, twice per term. More information can be found via the Mitigating Circumstances student pages, including details as to which assessments can engage with submissions 7 days late, without evidence.
1.2.3 Students can also apply for Mitigating Circumstances, with evidence, and submit 7 days late (for relevant assessments) or move to resit uncapped if Mitigating Circumstances is granted.
1.2.4 For students engaging in a sport at an elite level, the provisions within the Supporting Elite Athletes Academic Study Policy will apply, and where relevant, students should also consult the UEL Student Maternity, Paternity and Adoption Policy.
2. Policy
2.1 Overview
2.1.1 If Mitigating Circumstances is granted at first sit, students will be eligible to either submit up 7 days after the original deadline or take the assessment at resit. In both instances, the mark will be uncapped.
2.1.2 If Mitigating Circumstances is granted at resit, students will be eligible to submit up to 7 days after the original deadline, or re-register for the module again (with attendance). Re-registration of the module may only be possible where students have not exhausted all assessment attempts on the module as per the Manual of General Regulations: Part 3 – Academic Regulations. The registration of the module may incur tuition fee costs.
2.1.3 If a student has Mitigating Circumstances granted at resit and has no previous Mitigating Circumstances on the assessment, then the mark is capped as per paragraphs 7.7.4 (Undergraduate) and 14.5.4 (Postgraduate Taught Level 7) of the Manual of General Regulations: Part 3 – Academic Regulations.
2.1.4 If a student has Mitigating Circumstances granted on both the first sit and the resit, the assessment mark is uncapped. This also applies in circumstances where the module is registered again and is only applicable on the assessment where Mitigating Circumstances were granted. If a student passed all previous assessments (where Mitigating Circumstances has not been submitted) on the module at the first sit, they will be eligible to retake the assessments again uncapped if the module is re-registered.
2.1.5 If a student has Mitigating Circumstances granted at first sit, submits 7 days after the original assessment deadline and fails, the student will be eligible to resit and the assessment will be capped.
2.1.6 If there is no engagement or the assessment is failed on the final attempt, and there are no Mitigating Circumstances submitted for the assessment, then the module is failed.
2.1.7 If Mitigating Circumstances is submitted on the final allowed attempt for a module, a student may be eligible to retake the assessment again. In circumstances where this arises, it will be dealt with on a case-by-case basis by the Mitigating Circumstances Panel. More information on this can be found via the Mitigating Circumstances student pages (Internal link).
2.1.8 Mitigating Circumstances outcomes are ratified at assessment boards and are taken into consideration on undergraduate progression decisions.
2.1.9 Where Mitigating Circumstances is granted by the panel, it should be noted that for undergraduate students, a progression decision will take precedence. Boards will note the decision of the Mitigating Circumstances Panel and, if granted, allow another attempt at the assessment. However, where a progression decision is made by the Assessment Board, the student may not be allowed to continue their overall studies due to the progression decision and not achieving sufficient credit to progress. The Mitigating Circumstances Panel can put forward recommendations to the Assessment Board if they feel that the student may have been impacted on their course by the Mitigating Circumstances submitted, e.g., a recommendation that a student should not be given a withdrawal progression decision.
2.1.10 Courses run at Academic partner institutions will be subject to equivalent procedures, with the process being administered by, and the panel being held within, the partner institution. Appeals against the decision of their Mitigating Circumstances panel will be handled by the normal academic procedures.
2.1.11 It is advised that students applying for Mitigating Circumstances also request a "Support to Study" meeting via the hub.
2.2 Mitigating Circumstances Outcomes
2.2.1 Where a student has Mitigating Circumstances granted and submits after the 7-day period allowed, the assessment will be recorded as a non-submission.
2.2.2 Where a student submits on the original deadline (i.e. does not submit up to 5 days after the original deadline), has Mitigating Circumstances granted and passes the assessment, the passed result remains. A student can request to engage with the assessment at resit and/or attempt the assessment again.
2.2.3 As per 2.2.2, a student can request that their mitigating circumstances be upheld and the pass mark rescinded. Students will need to contact the hub up to five days after the assessment results are published. The previous mark will be ignored, and work submitted at resit will take precedence (even if lower than the original mark achieved).
2.2.4 If Mitigating Circumstances is rejected, the student will receive the mark achieved; the mark achieved will not be notified to the student until the relevant Assessment Board results are published. If a student submits up to 7 days after the original deadline and their Mitigating Circumstances is rejected, the assessment will be recorded as a non-submission.
2.3 Key Information
2.3.1 As per section 2.2.3, a student at resit can request to have Mitigating Circumstances override a passed assessment; however, they will not be eligible to submit another piece of work, and the Mitigating Circumstances will be noted on their records. In these circumstances, students will follow the processes outlined in sections 2.1.2 – 2.1.4
2.3.2 Where Mitigating Circumstances is granted and no assessments are submitted, this will be recorded on the student record.
2.3.3 Once a module has been capped, Mitigating Circumstances does not uncap.
2.3.4 Where a component consists of more than one element and the circumstances of an Exceptional Circumstance apply to a minimum of one element, the Mitigating Circumstances are granted for the whole component in its entirety.
2.3.5 Professional Body requirements may take precedence in allowing a student to defer (uncap at resit) an assessment even if Mitigating Circumstances is granted.
2.4 Provision for submission of claims
2.4.1 Provision will be made for the submission of pro-formas, and evidence can be provided electronically; however, in some instances, a hard copy may be requested.
3. Procedures
3.1 Student Submission of Mitigating Circumstances with Evidence
3.1.1 For a Mitigating Circumstances claim with evidence to be considered, it is the student’s responsibility to ensure that for each component affected:
- They submit details of the circumstances via the Mitigating Circumstances Online Claim Form.
- Details are submitted as soon as possible, in any event, by the designated date and time.
- Details are submitted with accompanying documents and evidence.
- All relevant sections of the form have been completed.
- As per 1.2.1, students are eligible to submit up to 7 days after the original deadline without evidence once per term.
3.2 Mitigating Circumstances Panel
3.2.1 The Chair of the Panel shall be the Academic Registrar (or nominee). Other Members of the panel will consist of:
- Director of University Appeals, Complaints and Procedure (or nominee).
- A member of the student wellbeing team.
- The Student Hub supervisor (or nominee Secretary to the panel).
- Dean of students (or nominee).
- Academic School representative (maximum one per school).
3.2.2 Claims can be submitted before the scheduled date and time for the submission/attendance of the assessed work.
3.2.3 Students applying for Mitigating Circumstances Self-Certification for eligible coursework must submit their forms by 23:59 hours on the day of the original deadline. The deadline for all other applications of Mitigating Circumstances is 7 days after the assessment deadline/submission date.
3.2.4 The deadline to submit evidence relating to the Mitigating Circumstances application is the day of the results publication for that assessment. Details of the result publication can be found via the key term dates. If evidence is not submitted with the Mitigating Circumstances application, it may result in a rejection and/or late mark publication.
3.2.5 It is recognised that there may be cases where a student is unable to submit a claim for Mitigating Circumstances within the above time period (e.g., emergency in-patient hospital treatment occurring during the examination period) In cases where a student is unable to submit Mitigating Circumstances within the normal timeframes, the deadline for submitting a late claim for Mitigating Circumstances after the results are published, is before the next Academic Term starts.
3.2.6 Late Mitigating Circumstances submission should be made via the Mitigating Circumstances application form and should include evidence to support the late application. Failure to do so will result in the Mitigating Circumstances being rejected.
3.2.7 Students submitting late Mitigating Circumstances may have to intermit their studies if the outcome of Mitigating Circumstances is not agreed in time to re-enrol or retake the relevant assessment/module. It is recommended that any international student contact the international Compliance team for visa advice in these circumstances.
3.2.8 Claims will not be considered unless submitted via the online application form and by the designated date and time with accompanying evidence.
3.2.9 Any claim for Mitigating Circumstances which is found to be in any part fraudulent will be considered as a matter of misconduct and dealt with under the Non-Academic Misconduct Policy and Procedure.
3.2.10 The quorum for a Mitigating Circumstances Panel shall be four, including a Chair and Secretary.
3.2.11 The Remit of the Panel is to review applications for Mitigating Circumstances claims on the grounds of Mitigating Circumstances and to ensure a consistency of approach.
3.2.12 Where Mitigating Circumstances is submitted for more than one component, Mitigating Circumstances will be considered on a component-by-component basis.
3.2.13 The Mitigating Circumstances Panel will meet virtually and as necessary to deal with the volume of claims in a timely manner. A decision in each case will be made within five working days.
3.2.14 Students will be informed of the outcome of their claim via feedback through UEL Direct.
3.2.15 The decision of the Mitigating Circumstances Panel is noted at the Assessment and Award boards.
3.2.16 Courses run at Academic partner institutions will be subject to equivalent procedures, with the process being run and administered by the partner institution. Appeals against the decision of their Mitigating Circumstances panel will be handled through the relevant academic appeal procedures.
3.2.17 For undergraduate students, Mitigating Circumstances will be taken into account when making a progression decision. In some instances, this may mean a student is still withdrawn/cannot continue on their course if a student has not achieved sufficient credit and/or Mitigating Circumstances have not had a detrimental impact on all of their modules studied.
3.2.18 As per paragraph 2.1.8, the Mitigating Circumstances Panel can put forward recommendations to the Assessment Board if they feel that the student may have been impacted on their course by the Mitigating Circumstances submitted, e.g., a student not to be given a withdrawal progression decision.
3.2.19 If a claim raises sufficient concerns about a student’s ability to manage their studies, UEL reserves the right to refer the student to the Fitness to Study and/or the Fitness to Practise Policies and Process.
3.3 Post Graduate Research
3.3.1 The deadlines and processes below relate to the Research stage of Post Graduate Research. Students on the taught stage of their course adhere to the deadlines as per sections 3.2.3 and 3.2.4.
3.3.2 Applications for Mitigating Circumstances relating to late submission (extension) must normally be submitted no later than 3 months prior to a student’s thesis submission date.
3.3.3 Applications for an extension on the Postgraduate Research thesis will be made via the following link.
3.3.4 Extensions will not normally be granted for a period longer than 6 months.
3.3.5 Applications will be expected to show that some unexpected/unavoidable circumstances have arisen which have significantly and adversely affected the progress of the research, and against which precautions could not reasonably have been taken.
3.3.6 Postgraduate Research students applying for an extension need to ensure that applying for an extension does not detrimentally impact continuing in their studies:
- An extension may have implications for any funding you have and may not be permitted under some circumstances. If you are funded, please do check with your funder if this is permissible under their terms and conditions.
- If you are an overseas student on a student visa, an extension to your maximum enrolment period may have implications for your immigration status. Please check with our International Student Advice team before applying for an extension.
4. Appeals
4.1 Appeals against the decisions of the Mitigating Circumstances Panel
4.1.1 A student cannot appeal the decision of the Mitigating Circumstances Panel except on the grounds that an administrative or procedural error has occurred. In such cases, the student should first submit an academic appeal via the Appeal process. If the appeal is not upheld, this will be communicated to the student in writing. The University will then issue a Completion of Procedures (COP) letter as soon as possible, or within 28 days of the outcome if requested. It is important to note that a COP letter can only be issued once the student has exhausted all internal university procedures. There will be no appeal against the decision of the Mitigating Circumstances Panel other than on the grounds that an administrative or procedural error has occurred. An appeal can be made via the Appeal process.
4.1.2 If a student wishes to submit new and/or late evidence to support their Mitigating Circumstances application after a decision is made, they will follow the procedures outlined in section 3.1.4.
5. OIA and Completion of Procedures
5.1.1 If the appeal is not upheld, this will be communicated to the student in writing. The University will issue a Completion of Procedures letter as soon as possible, or within 28 days of the appeal outcome, if requested.
5.1.2 The Completion of Procedures letter will include a clear explanation and outline the reasons for the decision. The decision should also advise the student about:
- their right to submit a complaint to the OIA for review.
- the time limit for doing so.
- where and how to access advice and support.
5.1.3 Information and eligibility rules are available at: oiahe.org.uk
6. Links to other Institutional Policies and Procedures
6.1 Internal Policies
- Manual of General Regulations: Part 3 – Academic Regulations
- Mitigating Circumstances Guidance
- Fitness to Study Policy
- Fitness to Practice Policy
- Student Maternity, Paternity and Adoption Policy
- Tuition Fees Policy
6.2 Exemptions and Professional Bodies
Policy Owner: Academic Registrar
Department: Academic Registry
| version | effective from | amendments | equity analysis | stakeholders consulted | approval date | author | date for review |
|---|---|---|---|---|---|---|---|
| V2.0 | 01/09/2023 | Previous versions called Part 6 and revised to Part 5 following a reorganisation of the Regulations. Paragraph 3.1.2 updated to reflect that Exceptional Circumstance will no longer override submissions if a student has passed the assessment. | 09/09/2022 | Disability & Dyslexia Team UEL Students’ Union Student Hub Schools QAE | 30/08/2023 | Ian Porton / Martyn Hoyle | 01/02/2024 |
| V3.0 | 31/07/2024 | 1. Amended to “Mitigating Circumstances” 2. Added previous extensions policy to regulation 3. Added ability for students to submit 7 days late “with evidence” 4. Added details of PGR extensions 5. Updated late submissions to be included in Regulation and to be removed from Appeals process | Student Support UEL Students’ Union Student Hub Schools QAE Academic Registry APO Appeals & Complaints | Ian Porton / Martyn Hoyle |
This Policy is reviewed by Education & Experience Committee and approved by Academic Board
This Policy provides information about Mitigating Circumstances. Mitigating Circumstances Guidelines provide information on the process and how to apply for a short extension on submission of an assessment.