Academic judgment is a judgment that is made about a matter where only the opinion of an academic expert is sufficient.
The Higher Education Act 2004 specifically states that we cannot look at academic judgment. Rule 3.2 in our Scheme Rules states that we cannot consider a complaint to the extent that it relates to a matter of academic judgment. For example, we cannot put ourselves in the position of the examiners in order to re-mark work or pass comment on the marks given to the student. However, we can look at whether the HE provider has correctly followed its own procedures, for example, its assessment, marking and moderation procedures, and whether there was any unfairness or bias in the decision-making process the HE provider followed.
A decision about assessment, a degree classification, fitness to practise, research methodology, or course content or outcomes will normally involved academic judgment. The following areas do not involve academic judgment: decisions about the fairness of procedures, whether they have been correctly interpreted, what the facts are, how a provider has communicated with the student, whether an opinion has been expressed outside the areas of an academic's competence, the way the evidence has been considered, whether there is evidence of bias or maladministration.
Act or Omission
In the context of a complaint, this means something a student thinks the HE provider has done wrong or something the HE provider should have done and has failed to do.
This is the form that a student needs to complete so that we can consider their complaint. The OIA must receive a student's Complaint Form within 12 months of the date of the Completion of Procedures Letter.
For further information and to download a Form, please see 'Make a complaint'.
Completion of Procedures Letter
Once a student has finished the HE provider's internal complaints or appeals procedures, the provider must promptly send the student a Completion of Procedures Letter. This letter should set out clearly what issues have been considered and the HE provider's final decision. It should also refer to the OIA. Our review will focus on this final decision.
For further information, including Guidance on issuing Completion of Procedures Letters and the Template, please see our Completion of Procedures Letter section.
This is a complaint that we can look at under our Rules.
We are set up to be independent by law. The Independent Adjudicator and Chief Executive is appointed by the OIA Board. The majority of Board members are independent of the HE provider sector.
The Independent Adjudicator and Chief Executive and the independent Board members are appointed under the Nolan Rules of fair and open competition. The OIA is funded by the HE providers, but the way that we are funded does not influence the Decisions we make. HE provider subscriptions originally come from public funding.
Internal Complaints or Appeals Procedure
Before bringing a complaint to the OIA, a student must complete the HE provider's internal complaints or appeals procedures to give the HE provider the chance to resolve the issue internally. These procedures vary from provider to provider and if you are unsure about your provider's procedures you should be able to obtain information from your students' union, HE provider handbook or website.
Non-Qualifying Institutions (or "NQIs") are all Institutions which are not qualifying institutions in accordance with Part 2 of the Act and includes private degree-awarding bodies.
The current list of Non-Qualifying Institutions can be found on the scheme members page of the website. Please contact us for details of which courses are covered under the NQI Protocol.
In the Higher Education Act 2004,
'qualifying institution' means any of the following institutions in England or Wales —
(a) a university (whether or not receiving financial support under section 65 of the 1992 Act) whose entitlement to grant awards is conferred or confirmed by —
(i) an Act of Parliament,
(ii) a Royal Charter, or
(iii) an order under section 76 of the 1992 Act;
(b) a constituent college, school or hall or other institution of a university falling within paragraph (a);
(c) an institution conducted by a higher education corporation;
(d) a designated institution, as defined by section 72(3) of the 1992 Act.
Our role is to "review" the final decision of the HE provider; it is not normally to re-investigate the complaint.
This means that the Court has ordered that the legal proceedings should be suspended for a limited period.
Under our Rule 2, you are a student if you are or were registered at the university you are complaining about or if you are or were registered at another institution, studying a course which leads to an award by the university you are complaining about.