Está en la página 1de 274

Birmingham City University

Terms and Conditions – Effective from 2017/18


Any offer of a place made to you by the University is on the basis that in accepting such an offer you
agree to the following terms and conditions, which form part of the contract between you and the
University:

Payment of fees

1. The fees for your course will be as set out for your individual course and can be found
at http://www.bcu.ac.uk/courses.
2. It is your obligation to make arrangements at the beginning of your course for the payment of
your fees.
3. You will be invoiced by the University for the full amount or remaining portion of your fees for
each year of the course, unless (for each year of your course) you have either
• financial support via Student Finance England, Wales, Northern Ireland or SAAS; or
• an official letter from an employer or a sponsor indicating responsibility for the payment
of your fees in full or part; or
• you have been awarded a full or partial tuition fee bursary or scholarship which will be
deducted from the full fee amount.
4. It is your responsibility to ensure that, where applicable, a copy of the appropriate funding
documentation as referred to above is submitted to the University at enrolment or as soon as
possible thereafter.
5. If you enrol on the basis that you are or will be applying for tuition fee waiver (full or part–
time), bursary or other University funding source, you will be obliged to pay the full amount
due if the application is not approved.
6. If you are self-funding and have to pay your own fees, payment can be made in various ways
as set out in the Fee Payment policies above.

Accuracy of information

7. By accepting the offer of a place at the University you confirm and declare that the information
you have provided in support of your admission to and enrolment with the University is
accurate and complete to the best of your knowledge.
8. The provision of false, incomplete or misleading information may render your admission and
enrolment invalid and will entitle the University to terminate its contract with you.
9. The University requires all students to provide proof of identity and qualifications at point of
registration.

Communications to and from the University

10. On enrolment, you will be allocated a University email account. All email communications from
the University will be sent to that account and you are expected to use that account for all
communications with the University .You are expected to check your University e-mail account
regularly. Any communication sent to you by the University to your University email account
will be regarded as properly sent and received by you.
University Regulations

11. By accepting the offer of a place at the University you agree to comply with the provisions of
all the University’s Regulations, Rules, Codes, Policies and Procedures that apply to enrolled
students from time to time (“the Regulations”). The core Regulations can be found
here http://www.bcu.ac.uk/about-us/corporate-information/policies-and-procedures.

12. Key provisions of the Regulations of which you should be aware include:
(a) the University’s expectations as regards student attendance, academic due diligence, and
academic progress, as set out in the Regulations for the level of your programme of study.
Failure to meet these expectations may mean that you are not permitted to progress on
your course.
(b) the University’s rules regarding academic misconduct, including plagiarism and the
processes the University utilises to detect plagiarism, which can be found in the
University’s Student Discipline Procedure which can be found
at http://www.bcu.ac.uk/Download/Asset/bae7ded0-f670-e511-80ce-005056831842
Breach of these rules may result in a disciplinary process and the imposition of academic
penalties and/or expulsion.
(c) the University’s rules regarding payment of sums due to the University, which can be
found in the University’s Finance Policies which can be found
at http://www.bcu.ac.uk/about-us/corporate-information/policies-and-
procedures/finance-policies . If you do not pay money that you owe to the University, the
University reserves the right to withdraw its services and/or your right to use its facilities
where it is necessary and proportionate to do so. In deciding whether to do so, the
University will consider all the circumstances of your case.
(d) the University’s expectations of student behaviour, as set out in the University’s Student
Discipline Procedure, which can be found
at http://www.bcu.ac.uk/Download/Asset/bae7ded0-f670-e511-80ce-005056831842
Breach of these rules could result in a disciplinary process and the imposition of sanctions,
including expulsion from the University.
(e) the University’s Fitness to Practise Procedure which can be found
at http://www.bcu.ac.uk/Download/Asset/6d547387-f165-e511-80ce-005056831842
which describes the steps the University may take if there are concerns about your health
and wellbeing that raise questions about your fitness and suitability to continue to study.
(f) the University’s rules governing fitness to practice and professional standards, which
apply to students on professionally regulated courses which lead to or satisfy the
conditions of a professional qualification or confer a licence to practise in a particular
profession. A failure to observe these requirements may call into question a student’s
fitness to practise and result in a disciplinary process and the imposition of sanctions,
including expulsion from the University.
(g) the requirement that applicants to professional courses undergo an enhanced Disclosure
Barring Service check (organised by the University) before they can be enrolled on these
courses, and the statutory requirements regarding disqualification by association.
Depending on the outcome of these checks, you may not be eligible to enrol on or
continue on these courses.
(h) the obligation to notify the University immediately if you receive any criminal convictions
at any point from acceptance of the offer until the completion of your course or if your
circumstances in relation to paragraphs 12(f) and/or 12(g) change.
(i) the University’s rules regarding withdrawal and interruption of studies, as set out in the
University’s Student Withdrawal and Interruption of Studies Policy. This sets out
circumstances whereby the University can withdraw you from study at the University,
which includes but is not limited to failure to attend and engage in your programme of
study.

Changes to University Regulations

13. The University reserves the right to add to, delete or make reasonable changes to the
Regulations where in the opinion of the University this will assist in the proper delivery of
education. Changes are usually made for one or more of the following reasons:
(a) to review and update the Regulations to ensure they are fit for purpose;
(b) to reflect changes in the external environment, including legal or regulatory changes,
changes to funding or financial arrangements or changes to government policy,
requirements or guidance;
(c) to incorporate sector guidance or best practice;
(d) to incorporate feedback from students; and/or
(e) to aid clarity or consistency of approach.

14. Any changes will normally come into effect at the start of the next academic year, although
may be introduced during the academic year where the University reasonably considers this to
be in the interests of students or where this is required by law or other exceptional
circumstances. The University will take all reasonable steps to minimise disruption to students
wherever reasonably possible, for example, by giving reasonable notice of changes to
Regulations before they take effect, or by phasing in the changes, if appropriate.

15. The updated Regulations will be made available on the University's website and may be
publicised by other means so that students are made aware of any changes.

Disability and Reasonable Adjustments

16. The University is committed to providing an inclusive and accessible environment, and strives
to make reasonable adjustments to accommodate individual needs. Notification of disability
early in the recruitment process enables the University to engage with you and discuss your
support needs more effectively. Students on regulated, vocational programmes are required
to notify any disability which may impact on their ability to complete the programme and to
be fit to practise on completion of their studies, and offers are conditional upon a satisfactory
Occupational Health assessment. All offers are conditional upon the University being able to
implement the specific adjustments reasonably needed for you to complete your programme.
The University is more likely to be able to implement such adjustments in a prompt and timely
fashion if you notify of any disability early in the recruitment process and you engage in any
necessary discussions or health assessments as required by the University.

Disclaimers

17. The University will do all that it reasonably can to provide educational services as described on
its website or in the prospectus or other documents issued by it to appropriately enrolled
students. Sometimes circumstances beyond the control of the University mean that it cannot
provide such educational services. Examples of such circumstances include:
(a) industrial action by University staff or third parties;
(b) the unanticipated departure or absence of key members of University staff;
(c) power failure;
(d) acts of terrorism;
(e) damage to buildings or equipment;
(f) the acts of any governmental or local authority; or
(g) where the numbers recruited to a course are so low that it is not possible to deliver an
appropriate quality of education for students enrolled on it.

18. In these circumstances, the University will take all reasonable steps to minimise the resultant
disruption to those services and to affected students, by, for example, offering affected
students the chance to move to another course or institution, or by delivering a modified
version of the same course, but to the full extent that is possible under the general law the
University excludes liability for any loss and/or damage suffered by any applicant or student as
a result of those circumstances.

19. All courses described as being delivered by Birmingham City University include those provided
or delivered by the University and by companies within the Birmingham City University group
of companies, including Birmingham City University Enterprise Ltd, Technology Innovation
Centre and Technology Innovation Centre Commercial Ltd.

20. The University will use all reasonable endeavours to deliver the course in accordance with the
description applied to it in the University’s prospectus for the academic year in which you begin
the course. However, the University will be entitled to make reasonable changes to the course
where that will enable the University to deliver a better quality of educational experience to
students enrolled on the course. Such changes may be to:
(a) the content and syllabus of programmes, including in relation to placements;
(b) the timetable, location and number of classes;
(c) the timing, content or method of delivery of programmes of study; and
(d) the examination and assessment process.

21. In making any changes under paragraph 20, the University will aim to keep the changes to the
minimum necessary to achieve the required quality of experience and will notify and consult
with affected students in advance about any changes that are required. If the University
changes your course and you are not satisfied with the changes, you will be offered the
opportunity to withdraw from the course, move to another course and, if required, reasonable
support to transfer to another provider.

22. The University does not exclude or limit in any way its liability for:
(a) death or personal injury caused by its negligence or the negligence of its employees,
agents or subcontractors;
(b) fraud or fraudulent misrepresentation.

23. The University does not accept responsibility and expressly excludes liability to the full extent
possible under the general law for loss or damage to students’ property or for infection of
students’ equipment caused by computer viruses, and for the consequences of any such
damage.

Visa Requirements for Overseas Students

24. If you are an overseas student, you may need a student visa to take up your place at the
University. Further information about visas can be found
at http://www.bcu.ac.uk/international/visa.

25. If you require an Academic Technology Approval Scheme (ATAS) certificate, you will need to
ensure you have obtained this before making your visa application. Failure to have your ATAS
certificate (if applicable) at the time of your visa application, can lead to a visa refusal.
26. It is your obligation to make sure you continue to comply with the terms and conditions in your
visa. If your visa is revoked for any reason, the University reserves the right to terminate its
contract with you.

General

27. If any provision of the contract between you and the University is held to be void or
unenforceable in whole or in part by any court or other competent authority, that contract
shall continue to be valid as to the other provisions contained in it and/or the remainder of the
affected provision.

28. The contract between you and the University shall be governed by and construed in
accordance with the laws of England and Wales and the parties agree to submit to the
jurisdiction of the courts of England and Wales.

29. The University’s contract with its students does not confer third party benefits for the purposes
of the Contract (Rights of Third Parties) Act 1999.

Cancellation Rights

RIGHT TO CANCEL

30. New students have a statutory right to cancel this contract without giving any reason. The first
cancellation period will expire after 14 days from the day you accept the offer of a place at the
University. The second cancellation period will expire 14 days after initial enrolment.
31. To exercise the right to cancel, you must inform the University of your decision to cancel this
contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model
cancellation form at the end of this document, but it is not obligatory. The University is very
happy for you to just send an email to admissions@bcu.ac.uk or for international
students international.admissions@bcu.ac.uk .
32. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel within the 14 day cancellation periods referred
to above.

EFFECT OF CANCELLATION

33. If you cancel this contract as set out above, the University will reimburse to you all payments
received from you. The University will make the reimbursement without undue delay, and not
later than 14 days after the day on which it is informed about your decision to cancel this
contract.
34. The University will make the reimbursement using the same means of payment as you used
for the initial transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement.
CANCELLATION AFTER THE STATUTORY CANCELLATION PERIOD

35. If you cancel the contract after the statutory cancellation period has expired but within two
weeks of the course start date, the University will reimburse to you all payments received from
you. This does not apply if you are charged on a module by module basis.
36. If you cancel the contract after the statutory cancellation period has expired or outside the
period which is two weeks from the course start date, the University will not refund payments
received from you. Depending on when you cancel the contract (in particular, whether it is
before or after enrolment) you may be obliged to pay a proportion of your tuition fees, as set
out in the Credit and Refunds Policy which can be found at http://www.bcu.ac.uk/about-
us/corporate-information/policies-and-procedures/finance-policies .

COURSES THAT BEGIN WITHIN THE STATUTORY CANCELLATION PERIOD

37. If your course is due to begin within 14 days from the date you accept the offer of a place at
the University (for example, if you have applied through adjustment or clearing) then, by
accepting the offer of the place, you are expressly agreeing that the service should begin within
the cancellation period. If you subsequently decide to cancel the contract within the
cancellation period you will be liable to pay a proportion of fees to cover the period from the
commencement of the University’s service to you to the date of cancellation, as set out in the
Credit and Refunds Policy which can be found at http://www.bcu.ac.uk/about-us/corporate-
information/policies-and-procedures/finance-policies .

MODEL CANCELLATION FORM

Please fill out this form and send by post addressed to

Birmingham City University


University House
15 Bartholomew Row
Birmingham
B5 5JU

Or send by email to admissions@bcu.ac.uk or for international


students international.admissions@bcu.ac.uk .

I hereby given notice that I wish to cancel my contract with the University to study the course
commencing in [ (Month)] [ (Year)].

Name of student:

Student number:

Course title:

Date you accepted your offer:

Address of student:

Signature of student:

Date
BIRMINGHAM CITY UNIVERSITY

Rules and Regulations

As a student you are required to accept the following rules and regulations:

1. Computing Facilities
Conduct and Use of Computer Systems and Networks at Birmingham City University

1. Computer systems and networking facilities shall be used only for work and activity approved by
the University.

2. Access

2.1. No attempt shall be made to access University systems, networks or databases unless legitimate
authorisation has been granted.

3. No attempt shall be made to access the systems and networks of other establishments either
within the United Kingdom or elsewhere unless:

3.1. The service required is a public or open access facility.

3.2. Authorisation has been obtained from the system/network service provider.

4. Usage

4.1. Systems and networks are not to be used for commercial purposes, nor to obtain external
funding unless written permission has been obtained from the Chief Information Officer.

4.2. Computer systems and networks shall not be used to engage in any activity liable to cause
offence or to obstruct other users of Birmingham City University systems or users elsewhere. This
includes the deliberate introduction of viruses into University systems and networks.

4.3. Computer systems and networks may not be used to access, display, print or distribute
slanderous, libellous or knowingly untruthful information or material of an illegal nature.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


4.4. Copyrights and intellectual property rights must be respected by all Birmingham City University
computer system users and used only in accordance with the copyright protection conditions set out
below.

5. Protection of Copyright

5.1. The users of any Software, Computer Readable Dataset, Courseware, Media such as but not
limited to; Music, Film, Television or Radio Broadcast or any other similar material, hereafter
referred to as "the material" shall:

5.1.1. Ensure that all the requirements of the agreements, contracts and licences under which the
material is held by Birmingham City University will be maintained (Copies of the relevant
agreements, contracts and licences may be seen by application to the Faculty / Department / Central
Service which made the material available);

5.1.2. Adhere to the regulations governing the use of any service involved in the provision of access
to the material whether these services are controlled by Birmingham City University or by some
other organisation;

5.1.3. Not remove or alter the Copyright Statement on any copies of the material;

5.1.4. Ensure the Security and Confidentiality of any copy released to the user(s) and not make any
further copies from it or knowingly permit others to do so, unless permitted to do so under the
relevant licence;

5.1.5. Use the material only for purposes defined, and only on computer systems covered, by the
agreement, contract or licence;

5.1.6. Only incorporate the material, or part thereof, in any work, program or article produced by
the user(s) where this is permitted by the licence or by "Fair Dealing".

Fair Dealing means that an individual, or a friend or colleague of the individual, if sued for
infringement, has as his/her defence the argument that he/she made the copy (or copies) of not too
substantial a part of the literary work and that the copying did not damage the legitimate interests
of the copyright owner. The legislation gives specified purposes where Fair Dealing applies, e.g.
private research, commercial research, private study, criticism and book reviewing, reporting current
events and educational purposes.

5.1.7. Only incorporate some part or version of the material in any work produced by the user(s)
with the express permission of the Licensor or unless this is permitted under the agreement;

5.1.8. Not reverse engineer or decompile the software products or attempt to do so unless this is
explicitly permitted within the terms of the agreement for the use of the material;

5.1.9. Return or destroy all copies of the material at the end of the module / unit / programme/year
or when requested to do so.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


5.2. The unauthorised usage, copying or distribution of any material in breach of copyright or
licensing agreements may result in disciplinary action and may be reported to the relevant
authorities.

6.1. A password is the personal property and responsibility of the individual to whom it is issued.
When issued with a password allowing access to information on systems and networks, a user may
not divulge such password information to any other person whomsoever.

6.2. Computer systems and networks which are used to hold personal information which is subject
to the Data Protection Act, should not be set up without prior authorisation from the University
Secretary.

7 The University is not responsible for students own data and students should maintain their own
backups. Although, the University will attempt to restore lost data it will not be held responsible if
unable to do so.

Failure to comply with the conditions of the University’s Information Security Policy and Code of
Conduct may result in suspension or withdrawal of access to University computer systems and
network facilities and may also render the user liable to disciplinary proceedings.

The wording of section 5.1 has been derived from the CHEST (Combined Higher Education Software
Team) Code of Conduct (Copyright Acknowledgement). The University has also sought assistance
from CHEST in the clarification of the term "Fair Dealing". The following clarification of "Fair Dealing"
has been recommended by CHEST and accepted by the University. In providing this clarification
CHEST acknowledge their debt to the work by Professor Charles Oppenheim entitled "The Legal and
Regulatory Environment for Electronic Information" from which this clarification has been derived.

2. Library and Learning Resources


1. The Regulations
The regulations are intended to enable the best use and fairest distribution to be made of
Birmingham City University’s library resources.

2. Access to library facilities

2.1 Library card


Your University ID card is the key to accessing library services. It is your personal property and
responsibility. You may not allow any other person to use your card. You will be held responsible for
all items borrowed with your card even if they were borrowed by or on behalf of another user.
Should your card be used by anyone other than yourself to gain access to the Library, the card will
be held by the Library until you claim it.

If your card is lost or stolen you should inform Library and Learning Resources immediately. You will
be held responsible for material borrowed on the card until Library and Learning Resources is
informed officially.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


You must carry your University ID card with you at all times and be prepared to show it on
request. Services may not be provided without it.

Acceptable alternatives must include:


 Two official proofs of name with at least one of these providing proof of address.
 One form of ID with photograph.

2.2 Access to Reference and Borrowing facilities


2.2.1 All current members of the University may use the libraries for reference and
study. Members of the public may also use the libraries for reference and study for an annual
subscription on application to the Director of Library and Learning Resources.
2.2.2 All current members of the University, whether staff or students, full or part-time, are
entitled to borrow from the libraries.
2.2.3 Members of the public may only borrow material if they enrol as External Library User and
pay an annual subscription.
2.2.4 Borrowing rights will also be available to teaching staff and research, postgraduate, part-
time, distance and placement students from other Universities and reference access for full time
students as defined in the SCONUL Access Scheme. All SCONUL Access students are required to
register with the libraries.

2.3 Electronic Information Services


The Library catalogue is available without restriction. Only current members of the University have
access to our full range of electronic resources

2.4 University Network


All users of network information must abide by the rules set out in the “Conduct of Use of Computer
Systems and Networks of Birmingham City University". *(see above)

3. Conduct in the library


3.1 Library staff have authority to maintain good order in the library. If you behave in an
unacceptable manner, or infringe the regulations, the Director of Library and Learning Resources
may exclude you from the library or suspend you from its use.
3.2 You are required to treat the library environment with respect and the library staff and
other users with respect and courtesy. Should any incident be reported, Library and Learning
Resources may pursue the matter under the University Student Disciplinary procedures. You may be
excluded from the Library whilst this process is underway.
3.3 You should observe silence and quiet group working in appropriate designated areas.
3.4 You are not permitted to smoke in the Libraries.
3.5 Only drinks in sealed containers and cold snacks may be consumed in the libraries. No hot
food is permitted. All rubbish must be placed in the bins provided.
3.6 You should switch your mobile phones to silent at all times. Allowing a mobile phone to ring
and/or holding a phone conversation outside designated areas is not permitted in the Libraries.
3.7 You may bring children (under 18) into any of the University Libraries. However you must
supervise them at all times to ensure their safety and to prevent other users being disadvantaged. In
addition, children are not allowed to use Library PCs.

4. Library users' personal property


4.1 Neither Library and Learning Resources nor the University accepts responsibility for the loss
of any personal property left in the libraries.
4.2 You may not leave property on chairs and tables to reserve a place in your absence. Any
such property may be removed by University staff to make room for other Library users.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


5. Registration
If you wish to borrow materials you must provide evidence of your eligibility to do so.
5.1 Students are automatically registered when they enrol.
5.2 University staff will automatically register when they are issued with a University ID card.
5.3 Visiting teaching staff will be required to produce evidence of their post in the University, for
example, a letter from their Faculty
5.4 External Library Users are required to register for either reference only access or to borrow
at the Library Help Desks during staffed hours.

6. Borrowing

6.1 Borrowing entitlement


6.1.1 Staff and students may normally borrow up to 20 books at any one time
6.1.2 External borrowers may borrow up to 4 items at any one time.

6.2 Recording of loans


6.2.1 All material borrowed from a University library must be issued and returned via the self-
service machines or by a member of Library staff. Receipts, where given, should be retained.
6.2.2 It is an offence to vandalise or to remove library material that has not been issued
officially. The following actions may be taken:
 Proceedings under the University Student Disciplinary procedures.
 Prosecution for criminal damage to property.
 Charging for damage caused to publications.
6.2.3 You must return or renew material on or before the date due for return.
6.2.3 It is your responsibility to make certain that material borrowed is returned to the Library.

6.3 Period of loan


6.3.1 Normal loan material is issued to students for four weeks and to members of staff for ten
weeks. Music from the Conservatoire Library is issued for one term.
6.3.2 High demand material is restricted to shorter periods of loan.
6.3.3 Fines will be charged if items are not returned by the given due date.
6.3.4 Library materials on loan may be renewed provided the item is not a high demand item or
seriously overdue and that it has not been reserved by another library user. You may renew loans in
person, via telephone, e-mail or the Library catalogue.

6.4 Overdue books


6.4.1 If you retain overdue items you will be invoiced by the University for the cost of replacing
the item.
6.4.2 Library borrowing rights may be withdrawn in certain circumstances, for example, when
fines have been incurred or when library material is very overdue. Following the loss of borrowing
rights, you will be unable to borrow library materials until overdue items have been returned.
6.4.3 It is a condition of enrolment and re-enrolment that you accept full responsibility for the
payment of all fees you incur while registered as a student at the University including Library fees
and services. By signing your student declarations you indicated that you accepted this responsibility
and agreed to be bound by the University’s regulations.

6.5 Return of library material at the end of each session


6.5.1 Term loans must be returned to one of the University’s libraries by the end of term.
6.5.2 Library materials may be borrowed for the ensuing summer vacation provided that the
borrower is returning for the following session to continue studying on an organised programme.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


6.5.3 If you fail to return library materials on completion of the programme, your qualification
certificate may be withheld.

7. Special categories of material


7.1 Reference material, including journals and newspapers are for use in the libraries only and
are not to be taken away.
7.2 For material in short-term loan or High Demand collections special regulations apply and
these are available in the libraries concerned.

8. Inter-library loans
In addition to the general rules governing the loan of library materials, items borrowed from other
libraries may also be subject to special conditions imposed by the library which owns them.

9. Care of books and other library materials


You are responsible for all library materials taken out on your ticket. Annotation and marking of
library materials is prohibited.
You should report the loss or damage to material at once to the University Library concerned, and
you may be asked to pay for the replacement or repair of the item.

10. Copyright
You should ensure that any copying of material done on Library photocopiers is carried out in
compliance with current Copyright Acts, the terms of which are outlined alongside all photocopying
machines. Users of electronic services should ensure that any material obtained is required solely for
their own use for non-commercial research or private study, and they will not supply a copy to any
other person.

The amount which may be copied is indicated below:


 one article from any one journal issue or in a set of conference proceedings
 one chapter or up to 5% (whichever is greater) of a book or similar publication
 one poem or short story of up to 10 pages from an anthology
 the report of one case in law reports.
 no photocopying of sheet music is allowed.

Under the EU directive on Copyright any copying for commercial research purposes has been
removed from the so called "exceptions to copyright". If you require a copy for research for
commercial purposes, you must pay a copyright royalty as well as pay the cost of making a copy.

11. Library Closing


Library and Learning Resources reserves the right to close libraries at times other than those
published, for example, in periods of adverse weather conditions.

12. Emergency Procedures


Birmingham City University has established procedures to deal with emergencies. For your own
safety and the safety of other clients, please obey instructions issued by Library and Learning
Resources staff either face to face or via the public address system.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


3. Student Identity Cards
Use of Your Student ID card

There are some terms and conditions to the use of your student ID card. Please take a few moments
to read these as outlined below:

1. The card remains the property of Birmingham City University.

2. The card is valid until the completion of your programme or the date of withdrawal from
your programme, whichever is the earlier.

3. The card must be handed to an authorised person*, on request.

4. The card is your ID card and should be carried with you at all times, on all University
Campuses, and produced to confirm your identity at the request of an authorised person*.

5. Your card is for your personal use only and must not be used by anyone else.

6. Your card must be presented when using the Library.

7. Your card must be displayed when attending an examination in accordance with the
University’s Academic Regulations and Policies.

8. The barcode printed on the card is issued by the Library and its use is subject to the Rules
and Regulations that the Library may impose.

9. You must only use your own card to gain access to areas which are controlled by the Access
Management System. Do not allow anyone to follow or tailgate behind you into an access
controlled area without using their card. Do not let anyone into an access controlled area.

10. Should you fail to use your card when entering an access controlled area, other areas in the
building may become restricted to you and you will experience difficulties when leaving the
building.

11. Failure to use your card to gain access through an access controlled area on any 6 occasions
within a standard academic year (1 August to 31 July) will result in access being refused and
you will be required to purchase a replacement card before entry will be permissible.

12. ID cards cannot be transferred to other students and therefore you must only use your own
ID card to record your attendance at University teaching sessions or examinations.

13. If you have opted to become a member of the Students’ Union your ID card is also a proof of
membership and its use is subject to any Rules and Regulations the Students’ Union may
impose.

14. You should report the loss or theft of your card immediately to Security Services in order
that your card access validations (e.g. Library and building access) can be cancelled.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


15. A replacement card can be obtained from Ask upon payment via the BCU Online Store. The
store is available 24/7 via the link http://store.bcu.ac.uk. Once payment is complete,
confirmation of the payment will be sent to iAsk and you will be emailed details of
replacement ID card printing locations.

16. Please ensure you have a copy of the e-mail confirmation as proof of payment when you
collect your ID card from Ask. The replacement card fee has been set by the University and
may be varied from time to time.

17. The full replacement card fee will be charged where cards have been lost, damaged through
lack of care or misuse or where you have failed to use your card to gain access in the access
managed areas on 6 consecutive occasions.

18. Data recorded on University systems as a result of using the card may be used by the
University in accordance with the terms of the Data Protection Act 1998.

19. Misuse of the card may lead to action under the Disciplinary Code of the University.

*An authorised person may be a member of staff of the University or a colleague who is authorised
to act on behalf of the University.

4. Personal Details
It is very important that you enrol under your full legal name. The name you have provided for
enrolment will be used for all formal purposes within the University and will be the name recorded
on any transcript of results and award certificate issued to you.

If you change your name during your studies it is essential that you contact your Faculty Office so
that your University records can be updated. We will not be able to do this without appropriate
evidence to confirm your change of name. Your Faculty Office will be able to advise you about the
procedure and the evidence we will require.

It is very important that we have your correct address, as you may miss important communications if
you fail to tell us you have moved. You are also responsible for notifying the University of any
change of term-time or permanent home address after you have enrolled. You can update your
address details at any time via the mySRS student portal at
https://icity.bcu.ac.uk/Account/eVisionLogin.

5. Data Protection
Data Protection Act 1998 – statement to students

Birmingham City University is a registered Data Controller under the Data Protection Act 1998. The
University’s Information Manager is responsible for issues relating to Data Protection. However,
specific enquiries about student-related data should be made to the Assistant Director, Academic

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


Services (Registry Services) in the first instance. The University processes personal data relating to
students for a variety of purposes. These include:

• registering and maintaining a record of academic achievement;


• the administration of fees and charges, grants, loans, scholarships, bursaries and sponsorships;
responding to student related enquiries via the University’s enquiry management tool;
• library, email and network rights;
• library use and non-use surveys;
• student experience surveys, which may be facilitated by external agencies acting in strict
accordance with the Data Protection Act;• planning and control of curricula and examinations;
• calculation, publication and certification of examination results;
• the organisation of award ceremonies;
• provision of references;
• student welfare, including accommodation and counselling;
• provision of contextual analysis to inform feedback and support to individual students and
academic staff;
 research, statistical analysis, management information, statutory returns;
• provision of information to the Students’ Union for those students where consent has been
obtained;
• information relating to careers and employment opportunities
• marketing and promotional activity.

The University allows access to student data to employees and agents of the University (on a need-
to-know basis only). Student information is also disclosed to a variety of third parties or their agents,
notably:

• students’ sponsors (including Local Authorities)


• Student Finance England
• relevant government departments to whom we have a statutory obligation to release information
(including the Higher Education Statistics Agency and Council Tax officers)
• current or potential employers of our students
• current or potential providers of education to our students
• the University’s insurers (in the event of a claim)
• organisations responsible for auditing the University
• Electoral Registration officers.

The University reserves the right to retain student data in line with recommendations laid down by
the Joint Information Systems Committee. For most data this will be held up to three years after
your association with the University had ceased. This data may be used for any of the registered
Data Protection Purposes.

N.B. Disclosures to organisations not listed above will be made in specific legitimate circumstances.

The University holds sensitive personal data on race and disability where students have given the
information voluntarily, for example via the University’s student enquiry management system. This
information will be used to compile statistical reports including equal opportunities monitoring. This
data may also be used by the University to support its aim of ensuring that all members of the
community are given equal access to its programmes and services. The University may initiate
programmes in order to progress this aim, and students may be contacted on the basis of this data.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


The University’s health service may hold confidential data on a student’s health where it is necessary
to do so. Some details of a student’s criminal record may be held where it is necessary for
admissions, or for the purpose of determining eligibility to train for a particular profession. The
University undertakes to maintain student data in secure conditions and to process and disclose data
only within the terms of its Data Protection notification.

Enquiry websites

Any information supplied by you will be processed by the University for a purpose related to your
enquiry and in order to deliver the services that you have requested through its website. The
information will not be made available to third parties except web service providers acting on the
University’s behalf and strictly controlled by the terms of data sharing agreements.

Under the Data Protection Act 1998 you have a right to a copy of the current personal information
held on you by the University and a right to object to data processing that causes damage and
distress. For details of these procedures please contact the Information Management Team on 0121
331 5288. For further information, please see: https://icity.bcu.ac.uk/Library-and-Learning-
Resources/Information-Management/Legal-Compliance/Data-Protection.

Digital Media

You give permission for digital media, e.g. photographs and video, used to capture student activities
to promote your programme in projects and research work carried out by the University.

If you wish to opt out from digital media it is your responsibility to inform your Programme Director
(in writing) of your intentions not to take part in digital media within four weeks of your enrolment
date.

Disclosure of data to the Higher Education Statistics Agency (HESA)

Student and leavers surveys


Your contact details may be passed to survey contractors to carry out the National Student Survey
(NSS) and surveys of student finances, on behalf of some of the organisations listed below under
Purpose 1. These organisations and their contractors will use your details only for that purpose, and
will then delete them.

About six months after you graduate, we may contact you to ask you to fill in the Higher Education
Statistics Agency (HESA)[1] ‘Destinations of Leavers from HE’ questionnaire. You may also be
contacted as part of an audit to check that we have undertaken this survey properly. We will not
give your contact details to HESA.

You may also be included in longitudinal surveys of leavers in the years after you graduate. If so, we
will pass your contact details to the organisation that has been contracted to carry out that survey.
That organisation will use your details only for that purpose, and will then delete them.

If you do not want to take part in any of these surveys, please let us know.

Submission of your information to HESA


Every year we will send some of the information we hold about you to HESA (“your HESA
information”). HESA is the official source of data about UK universities and higher education
colleges. HESA collects, and is responsible for, the database in which your HESA information is

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


stored. HESA is a registered charity and operates on a not-for-profit basis. HESA uses your HESA
information itself for its own purposes.

HESA also shares information from your HESA information with third parties. It may charge other
organisations to whom it provides services and data. HESA’s use of your HESA information may
include linking information from it to other data, as described further below. All uses of HESA
information must comply with the Data Protection Act 1998.

Sensitive information

If you give us information about your disability status, ethnicity, sexual orientation, gender
reassignment or religion these may be included in your HESA information and used to assist with
monitoring equality of opportunity and eliminating unlawful discrimination in accordance with the
Equality Act. Some other sensitive information is used to enable research into the provision of fair
access to higher education, for example information as to whether you are a care leaver.

If you are enrolled at a higher education provider in England regulated by the Higher Education
Funding Council for England your HESA information will include details of any financial support you
may receive from us.

Your sensitive information will not be used to make decisions about you.

Your HESA information including linked data is used for four broad purposes:

Purpose 1 - Public functions

Education statistics and data


Your HESA information is used by some organisations to help carry out public functions connected
with education in the UK. These organisations are data controllers in common of your HESA
information under the terms of the Data Protection Act http://ico.org.uk/for-organisations/guide-to-
data-protection/keydefinitions/.

Such organisations include:

• Department for Business, Innovation and Skills


• Welsh Government
• Scottish Government
• Department for Employment and Learning, Northern Ireland
• Higher Education Funding Council for England
• Higher Education Funding Council for Wales
• Scottish Further and Higher Education Funding Council
• Department for Education
• Research Councils
• Education Funding Agency
• National College for Teaching and Leadership
• National Health Service
• General Medical Council
• Office For Fair Access
• Quality Assurance Agency for Higher Education

and any successor bodies.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


Other uses
Your HESA information may also be used by some organisations who are also data controllers in
common to help carry out public functions that are not connected with education. Such uses may
include the following:

• Measurement of population levels and migration by the Office for


• National Statistics, National Records of Scotland and the Northern
Ireland Statistics and Research Agency
• Monitoring of public expenditure by the National Audit Office
• Monitoring of the accuracy of electoral registers by Electoral
• Registration Officials.

Purpose 2 - Administrative uses

Fraud detection and prevention - Your HESA information may be used to audit claims to public
funding and student finance, and to detect and prevent fraud.

Previous study - If you are enrolled at an HE provider in England: The Higher Education Funding
Council for England (HEFCE) may share your previous education records with us, including HESA
information submitted by other institutions, to determine the nature of any prior higher education
study, including your current qualifications. This may be used to make decisions about the fees you
are required to pay, the support available to you or the availability of a place for you to study with
us.

Your HESA information will not be used to make decisions about you other than for those uses
outlined under Purpose 2.

Purpose 3 - HESA publications

HESA uses your HESA information to produce and publish information and statistics. This includes
some National Statistics publications and online business intelligence and research services. HESA
will take precautions to ensure that individuals are not identified from any information which is
processed for Purpose 3.

Purpose 4 - Equal opportunity, research, journalism and other processing in which there is a
legitimate interest

HESA and the other data controllers in common (see Purpose 1) may also supply information to third
parties where there is a legitimate interest in doing so.

Examples of use for this purpose include:

• Equal opportunities monitoring


• Research - This may be academic research, commercial research or other statistical research where
this is in the public interest
• Journalism - Where the relevant publication would be in the public interest, eg league tables
• Provision of information to students and prospective students.

Users to whom information may be supplied for Purpose 4 include:

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


• Higher education sector bodies
• Higher education providers
• Academic researchers and students
• Commercial organisations (e.g. recruitment firms, housing providers, graduate employers)
• Unions
• Non-governmental organisations and charities
• Local, regional and national government bodies
• Journalists.

Information supplied by HESA to third parties within Purpose 4 is supplied under contracts which
require that individuals shall not be identified from the supplied information. A copy of HESA’s
current agreement for the supply of information is available in the Conditions section at
www.hesa.ac.uk/bds-details. HESA student information may be linked to school and/or further
education college information and supplied to researchers.

A copy of the Agreement for the supply of linked data about pupils from schools in England is
available at http://www.gov.uk/government/collections/national-pupil-database.

Linking of information in the HESA record

As indicated above, where HESA and organisations covered by Purpose 1 use HESA information this
may include linking HESA information to other information for example:

• UCAS data
• National Student Survey data
• School and further education data
• Student Loans Company data
• Qualification awarding bodies data
• Tax, benefits and employment data.

Where HESA provides information from your HESA information to third parties under Purpose 4, the
permitted uses of the information by a third party may include linking HESA information to other
information held by the third party. Permission for such use is considered on a case by case basis. It
is only given where the linking is for the purposes outline in Purpose 4 and subject to the
requirement not to carry out linking to identify individuals.

Destinations information for schools and colleges


If you attended a school or college in England linked data may be disclosed to the last school or
college you attended (or its successor body) to enable them to assess the outcomes of secondary
education.

The HESA Initial Teacher Training Record (ITT)


If you are on an ITT or Early Years ITT programme at a higher education provider in England, HESA
will collect additional information about you and provide this to the National College for Teaching
and Leadership (NCTL). ITT or EYITT programme are those that lead to Qualified Teacher Status (QTS)
or Early Years Teacher Status (EYTS).

NCTL is an executive agency of the Department for Education (DfE) and for the purposes of the Data
Protection Act 1998 DfE and HESA are data controllers in common of the ITT record. NCTL will
process your personal data for the administration and monitoring of initial teacher training schemes,
including the allocation of Teacher Reference Numbers. NCTL may share personal data with us, its

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


partners and contractors, including employers, employment agencies, Ofsted, Capita Teachers’
Pensions and the Department for Business, Innovation and Skills (BIS), for this purpose and may link
it to other sources of information about you.

NCTL give institutions the opportunity to check and where appropriate update the DLHE data via
their Performance Profiles data management system. Therefore the University may share relevant
data with NCTL.

About the HESA Student Collection Notice

The HESA Student Collection Notice is regularly reviewed. The most up to date version can be found
at http://www.hesa.ac.uk/content/view/141. Minor updates to the Student Collection Notice
(including organisation name changes and clarification of previously specified purposes) may be
made at any time.

Major updates (such as a new purpose or administrative use) will be made no more than once per
year.

Your rights

Under the Data Protection Act 1998 you have rights of access to the information HESA holds about
you. You will have to pay a small fee for this. For further information about data protection and your
HESA information please see http://www.hesa.ac.uk/dataprot or email data.protection@hesa.ac.uk.

6. Students’ Union
As a student at Birmingham City University, you can also choose to become a member of the
Students’ Union. The Students’ Union is a charity of over 23,000 members, which is run by a team of
students and recent graduates (called Sabbatical Officers) and supported by staff. As the official
voice of BCU students, the Students’ Union will represent your interests to the University and has a
wide range of services and facilities you can use for an enjoyable student experience. For details of
employability, jobs, welfare advice & support, societies, housing, sports, volunteering,
entertainment and the NUS Extra Discount card visit the Students’ Union website at
http://www.bcusu.com/

If you choose to become a member of the Students’ Union you agree to be bound by its rules at
www.bcusu.com. The University will also share general data with the Students’ Union. You can
choose to opt in or out of membership of the Students’ Union at any time once you are enrolled by
contacting the Chief Executive at union.manager@bcu.ac.uk

As the Students’ Union will represent your interests, provide you with welfare support and offer you
a wide range of services, if you choose to become a member, Birmingham City University will
request your explicit permission to share certain types of data to the Students’ Union. The data we
would like to pass on to the Students’ Union to enhance your student experience is your ethnicity,
religion and disability status.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


7. Interruption of services

Birmingham City University undertakes to take all reasonable steps to provide the educational and
other related services in the manner set out in the prospectus, the website, these documents and
other published information. The University cannot, however, guarantee the provision of such
services where circumstances occur which are outside of the University’s control. This could include
industrial action, civil commotion, severe weather conditions, changes in the law and/or actions
taken by a government or public authority, damage or destruction to the University’s buildings or
facilities, failure by the University’s suppliers or sub-contractors, or interruption or failure of utility
service providers.

If such circumstances occur which interfere with the University’s ability to provide services, the
University will take all reasonable steps to minimise the disruption to these services. However, under
such circumstances, the University cannot guarantee the maintenance of services and will not be
liable to you for events outside of its control which it could not have foreseen or prevented even if it
had taken reasonable care.

Changes to services

In certain circumstances, the University may need to make changes to the previously advertised
programme content, structure and/or method of delivery of your programme or individual modules
after you have accepted your offer. This may include discontinuing modules.

Reasons for changes include, but are not limited to, the following:

 to meet the requirements of an accrediting, professional, statutory and/or regulatory body;

 to comply with legal, regulatory or governmental requirements;

 to respond to sector good practise or quality enhancement processes, such as in response to


student feedback;

 to keep programmes contemporaneous by updating practices or areas of study;

 to safeguard academic standards;

 because of circumstances outside of the reasonable control of the University such as an


external provider no longer being available to contribute to a module and/or programme;

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


 where insufficient numbers of students have chosen an optional module making it unviable to
run or where a member of staff whose expertise was required to run it is no longer available.

If the University decides that it is necessary to make a change before you enrol, we will inform you
as soon as it is reasonably practicable in order for you to decide whether or not you still wish to join
us. If as a consequence of the change, you decide not to study with us, we will refund any tuition
fees and/or deposit that you have paid in advance.

If the University makes a change after you have enrolled, we will inform you as soon as it is
reasonably practicable to do so. The University will make all reasonable efforts to minimise any
adverse effect the change may have on you and will endeavour to consult with potentially affected
students as early as possible where it is able to do so. In cases of material changes to your
programme of study or where the change is likely to have a serious adverse impact on you, the
University may offer you a place on an alternative programme or assist you to find an alternative
provider. Any entitlement you may have to a refund of fees will be determined in accordance with
the University’s Credit and Refund Policy.

Discontinuing programmes

In certain circumstances, the University may be required to discontinue programmes of study prior
to you enrolling as a student. This could occur where insufficient students accept offers and it is
therefore not financially viable for the University to run the programme or where a programme will
not be accredited/validated by the start of the academic year. In the event that the University is
required to cancel your programme before you enrol, we will inform you as soon as it is reasonably
practicable to do so and we will refund any tuition fees or deposit you have paid in advance. Where
reasonable and appropriate to do so, the University will work with you to try and identify a suitable
alternative programme with us for you to study or offer you a deferred place for a subsequent
intake.

In exceptional circumstances, the University may have to merge or discontinue your programme
once you have enrolled for one or more of the following reasons:

 to comply with legal, regulatory or governmental requirements;


 where accreditation or validation of the programme is withdrawn;
 in other circumstances outside our reasonable control which make it impossible or
prohibitively impractical to continue the programme.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


If the University discontinues or merges your programme in these circumstances, we will inform you
as soon as it is reasonably practicable to do so and will endeavour to consult with potentially
affected students. Where appropriate, the University will try and identify a suitable alternative
programme with us for you to transfer to or, if preferable, we will assist you to find an alternative
provider. If you decide to transfer to a new provider, the University will work with your new
provider in order to transfer over any academic credit already gained. Any entitlement you may
have to a refund of fees will be determined in accordance with the University’s Credit and Refund
Policy.

Should you become a student at the University this notice shall constitute a term of any contract
between you and the University. Any offer of a lace made to you by the University is made on the
basis that in accepting such an offer you signify your consent to the incorporation of this notice as a
term of any such contract.

8. Academic Regulations

8.1 Academic Regulations are there to ensure our academic standards and ensure all our
students are treated consistently and equitably. Students enrolled on a programme at Birmingham
City University agree to abide by our academic regulations and procedures.

8.2 The Standard Regulations apply to all students, except where a variance has been approved
by Academic Board in line with external body requirements.

8.3 The University has reserved the right to make changes each year which bind all students of
the University. If the details of the regulations should change, the University will determine the
extent to which the changes apply, and students will be advised by direct communication.

BCU Rules and Regulations 2016-7 - 3 August 2016 (2)


Summary of Birmingham City University’s Student Regulations
Below is a summary of Birmingham City University’s core Regulations, Rules, Codes, Policies and
Procedures (“the Regulations”) that apply to enrolled students unless stated in the table below.

Policies and Procedures - University


Title Summary
Academic The procedure applies to all enrolled students of the University.
Queries and
Appeals The procedure sets out what is an academic query and/or academic appeal and
Procedure the process that students must follow in submitting any such query or appeal,
including where the student is studying with a partner institution. An academic
query or appeal is defined as “a request for a review of a decision on student
assessment, progress and awards”.

Queries should be raised as soon as possible and academic appeals must be


submitted within 20 working days of the decision in question being published or
received. Appeals may be considered out of time provided that there is good
reason for any delay. If unhappy with the response to an academic appeal,
students can submit a request for a review and then have a further right of
external review to the Office of the Independent Adjudicator for Higher Education.

Concerns and This procedure applies to all enrolled students of the University and members of
Complaints the public. It sets out the procedure to be followed in raising a concern or a formal
Procedure complaint with the University about the University’s action or lack of action, or
about the standard of service provided by or on behalf of the University.

Concerns should be raised as soon as possible and formal complaints must be


submitted within 40 working days of the complainant first becoming aware of the
issue. Complaints may be considered out of time provided that there is good
reason for any delay. If dissatisfied with the outcome of a formal complaint,
students can submit a request for a review and then may have a further right of
external review to the Office of the Independent Adjudicator for Higher Education.

The procedure also contains information about mediation and the right to student
representation.

Conditions of This policy sets out the terms on which a student may borrow a University laptop
Use of the computer.
Automated
Laptop Loans Failure to return the equipment on time will lead to a fine and restrictions on
Policy access to other University services.

Students should be aware that the University is not responsible for any loss of data
as a result of using the laptops, and students should maintain their own back-ups.
Computer This procedure applies to staff and students of the University and visitors to the
Systems and University who are issued with a temporary guest account for the University’s
Networks Policy computer network.

The procedure sets out the purposes for which the University’s computer systems
and network may and may not be used. This includes the University’s position
regarding the protection of copyright.

Students should be aware that the University is not responsible for students’ own
data stored on its network and students should maintain their own back-ups.

Copyright and This policy sets out the appropriate use of peer-to-peer (P2P) file sharing
File Sharing applications used on or across the university network. Anyone using the University
Policy computer equipment or accessing the University network, including staff and
students, are required to comply with this policy.
Users are required to comply with UK Copyright law. The University may monitor
traffic where there is concern over legitimate usage of university bandwidth and
resources.
P2P technology could result in data being shared even unintentionally.
Disciplinary action may be taken against students who do not comply with the
policy.

Credit and This policy sets out how the University calculates refunds and fee reductions for
Refund Policy students who have enrolled on a programme of study.

The policy sets out the circumstances in which a student may be eligible for a
refund in the event that they withdraw from their course during the academic year
or for a reduction in their continuing fee. It also covers the situation in which
students transfer to/from the University to/from another institution and the
impact that this will have in terms of a student’s funding.

The University reserves the right to deduct any overdue fees or charges which
have not been paid from any refund due to the student in addition to any
administration fees or overheads reasonably incurred by the University.

Debt This policy sets out the process that the University will follow if students and
Management customers do not pay any tuition fees or other charges due.
and Sanctions
Policy It applies to all students and customers of the University, including those who are
currently enrolled and those who have accepted a place and intend to enrol.

A customer includes any student, individual, company, partnership or organisation


that has outstanding fees or charges owed to the University.
If sums remain outstanding, the University may take action as set out in the policy
to recover monies owed to it. This may include restricting access to certain services,
suspension and taking legal proceedings. The University will review all debts before
applying penalties or restrictions and will make sure it has made every reasonable
attempt to collect money owed to it before applying penalties.

Disciplinary This procedure applies to all students enrolled directly with the University and may
Procedure also apply to students enrolled with partner institutions as set out in the relevant
student handbook.

The procedure sets out the disciplinary process that will be invoked in cases of
both academic misconduct and general misconduct and the potential sanctions
that may be imposed if a student is found, on the balance of probabilities, to have
committed an act in breach of the procedure.

Where a student is found to have committed an act of academic misconduct or


general misconduct, an appropriate sanction may be imposed. This could include a
written warning and exclusion from the University for up to five years.

Extenuating This procedure applies to all students enrolled directly with the University and may
Circumstances also apply to students enrolled with partner institutions as set out in the relevant
Procedure student handbook.

The procedure sets out the process to be followed if a student wants to make a
claim for extenuating circumstances in respect of an assessment. The University
will assume that students are fit and well enough to take their assessments unless
told otherwise by making a claim for extenuating circumstances. The procedure
explains what are extenuating circumstances and what a student will need to
demonstrate in order to make a successful claim.

Unless there are exceptional circumstances, extenuating circumstances claims


must be submitted before the planned assessment date or deadline. The
University will only consider a claim made after this if there is a good reason (for
example, illness on the day of the exam). If the extenuating circumstances happen
on the day, the deadline is no later than five working days after the assessment
date or the deadline, with evidence that shows why the student was not able to
attend the assessment or submit the work on time. If the claim is submitted later
than this, the student will also need to provide evidence that shows why they
could not have submitted the claim within the five days.

Tuition Fee There is a separate Tuition Fee Payment Policy for Home/EU students, interna-
Payment tional students and Research students. These policies set out the terms on which
Policies the tuition fees and any deposits are payable to the University and the sanctions
the University may impose if the fees are not paid which could include exclusion
from the University, withdrawing its services and/or your right to use the Univer-
sity’s facilities.
Fitness to This procedure applies to all enrolled students of the University on a course which
Practise could lead to or allow registration with a professional, statutory and regulatory
Procedure body (PSRB).

The procedure sets out the process that will be followed if there are concerns
raised about a student’s suitability or fitness to practise in their chosen profession.
Being ‘fit to practise’ means being competent, responsible and having the
characteristics needed to work in a particular profession. If there are concerns, a
student may be made subject to certain conditions and/or issued with a written
warning.

If a student is found to be unfit to practise, they may be withdrawn from their


programme of study.

Information about a student may be passed on to the relevant PSRB where the
University is required to do so.

Fitness to Study This procedure sets out the process that will be followed if there are concerns
Procedure about a student’s fitness to study because of ill health. The intention of the
procedure is to support struggling students to help them to remain on their
programme of study where possible, but in some cases it may be necessary for a
student to agree to interrupt their studies for a specified period or for the
University to withdraw a student from their programme.

Information This policy applies to all the University staff and students and is intended to
Security Policy safeguard against information security related incidents and any consequential
action, loss of income or damage.

If a student fails to comply with the requirements of the policy, they may be
subject to disciplinary proceedings which may result in suspension or withdrawal
of access to the University’s computer systems and network facilities.

Intellectual This sets out the University’s policy on the intellectual property generated by both
Property Policy staff and students and how third party intellectual property may be used at the
University.

Panel Guidance This guidance sets out the procedure which will be followed by faculty panels,
University panels and review panels when they are considering cases under the
Student Disciplinary Procedure, Fitness to Practise Procedure or Academic Queries
and Appeals Procedure.

Student This policy sets out the University’s expectations of students in relation to
Engagement engagement with their studies, including attendance and participation at
Policy scheduled learning sessions.

Action may be taken against students who fail to meet those expectations,
including, ultimately, withdrawal from their programme of study.
Student This guidance sets out the procedure which the University will follow where it
Suspension considers it is necessary to suspend a student for a limited period due to alleged
Guidance misconduct or for other good or urgent cause. Automatic suspension applies in
the case of some criminal offences. Suspension is not a penalty but a
precautionary measure which the University may use in order to exercise its duty
of care or whilst necessary investigation takes place. A student who is suspended
has the right of appeal against that suspension.

Student This policy sets out the process which applies if a student wishes to withdraw from
Withdrawal & their programme or interrupt their studies because of ill health or other good
Interruption of cause. Students may apply to interrupt their studies for up to a maximum period
Studies Policy – of one academic year, and must meet a number of conditions in order to return to
new in 2017/18 their studies.
The policy also sets out the University’s right to withdraw a student from their
programme because of academic failure, failure to pay fees, failure to complete re-
enrolment, failure to attend and engage or concerns about fitness to study. The
policy sets out the consequences of withdrawal, including the financial
consequences.

Voice Over This procedure sets out how students can participate in panel meetings when they
Internet are unable to attend in person, and should be read in conjunction with the Panel
Protocol Guidance.
Procedure
Rules and Regulations document
Title Summary
Computing These regulations set out what the University’s computer systems and networking
Facilities facilities may and may not be used for.

This includes the University’s position regarding the protection of copyright.

Students should be aware that the University is not responsible for students’ own
data stored on its network and students should maintain their own back-ups.

Failure to comply may result in suspension or withdrawal of access to University


computer systems and network facilities and may also render the user liable to
disciplinary proceedings.

Library and These regulations govern the use of the University’s library resources.
Library
Resources The regulations cover access to the University’s libraries, the use of the library
card, access to reference and borrowing facilities and electronic information
services and loan periods. The position regarding the expected conduct of library
users is also detailed and users should be aware that unacceptable behaviour may
result in them being suspended or excluded from using library services.

The University does not accept responsibility for the loss of any personal property
left in the libraries.
Student ID These regulations govern the use of student ID cards.
Cards
The regulations provide that the student ID card remains the property of the
University and must be produced on request. Student ID cards are non-
transferable and should not be given to anyone else to use. There may be charges
made due to misuse/loss of the card and students may also face disciplinary action
if found to be in breach of the regulations.

Personal Details These regulations confirm that it is the responsibility to ensure that they enrol
under their full legal name and keep the University updated as to any change of
name or personal details (eg address) during the course of their studies.

Students’ Union These regulations set out how a student can opt in/opt out of membership of the
University Students’ Union and also the information that may be shared between
the University and the Students’ Union.

Assessment The University has separate Assessment Regulations for each of the following:
Regulations
• Higher National Diploma/Certificate (SUAR5)

• Undergraduate Academic Regulations (15 credits)

• Undergraduate Academic Regulations (20 credits)

• Integrated Masters Degree (SIMAR2)

• Postgraduate Academic Regulations (20 credits) (PAR) – new in 2017/18

• Postgraduate Assessment Regulations (SPAR2)

• Research Degrees

Students should read and consider the appropriate set of Assessment Regulations
for their programme of study.

The Assessment Regulations contain a wide variety of information about academic


matters, including assessment, progression and awards. Failure to meet the
standards set out in the Assessment Regulations (as applicable) may mean that a
student is not able to progress and/or complete their programme of study.

Students should check their Student Handbook and Course Handbook for any
course specific information which supplements the Assessment Regulations.
Changes to Birmingham City University’s Student Regulations – effective
from 2017/18

Academic Queries & Appeals Procedure

• Clarification on what constitutes academic judgment to include the OIA’s definition


• The time allocated to investigate a case at the formal stage has been increased by 5 working
days and the time allocated to review a decision has been decreased by 5 working days

Concerns & Complaints Procedure

• Guidance added as to who students can approach in order to seek an informal resolution
• Made clear in the procedure that eligibility decision are subject to review
• The time allocated to investigate a case at the formal stage has been increased by 5 working
days and the time allocated to review a decision has been decreased by 5 working days.

Credit & Refund Policy

• Confirmed that in exceptional circumstances, refunds will be given for short courses

Debt Management & Sanctions Policy

• Confirmation that the University will give a student at least 2 reminders before any action is
taken or sanctions applied

Extenuating Circumstances Procedure

• Further emphasis on distinction between deferral and extension


• Additional guidance given on Interruption of Studies
• Additional guidance given on potential implications of deferrals
• Additional guidance on claims based on being a victim of crime
• The time allocated to investigate a case at the formal stage has been increased by 5 working
days and the time allocated to review a decision has been decreased by 5 working days.

Fitness to Practise Procedure

• Included guidance on submitting evidence to a panel


• Included additional guidance on the impact of fitness to practise proceedings on placement
arrangements
• The time allocated to investigate a case at the formal stage has been increased by 5 working
days and the time allocated to review a decision has been decreased by 5 working days.

Fitness to Study Procedure

• Clarification that where students are not fit to study they may be withdrawn from their
programme where appropriate.
Student Disciplinary Procedure

• Explicit reference made to potential need for the University to inform police of criminal
activity
• Made clear the possibility of using Case Officers from outside a student’s own faculty
• Included guidance on submitting evidence to a panel
• Advised students to work towards next assessment attempt pending case outcomes
• The time allocated to investigate a case at the formal stage has been increased by 5 working
days and the time allocated to review a decision has been decreased by 5 working days.

Student Suspension Guidance

• Added guidance on what happens on return from suspension


• Clarified roles and responsibilities throughout

Tuition Fee Payment Policies (Home/EU, International & Research students)

• Confirmation that the University will refund all fees paid (including deposits to international
students) where students cancel within the 14 day cooling off periods but where the course
has already started, the University will keep a proportion of the fees on a pro rata basis
• Expansion of circumstances when a refund will be paid
Birmingham City University

Academic Queries and Appeals Procedure – Effective from 2017/18


Introduction

This procedure reflects our commitment to dealing with issues as early as possible and to
carrying out thorough and fair investigations where needed to make sure we are able to
make decisions based on the facts of each case.

The procedure applies to all enrolled students of the University including any staff who are
also enrolled as students. The procedure meets the 'General principles applying to
Birmingham City University student procedures’ and is in keeping with the 'Good Practice
Framework for Handling Complaints and Academic Appeals' published by the Office of the
Independent Adjudicator (OIA).

What is an academic query or appeal?

We believe it is important that you can check and ask for extra information about decisions
relating to your assessment, progression and award. As in any organisation, we sometimes
make mistakes or do not provide clear enough information. We need to know when things go
wrong so that we can put things right.

If you think we have got a decision wrong, there are three stages you should follow.

• First, you should raise a query, which we can often deal with quickly and effectively
at a local level. You should do this as soon as the query arises.
• If we cannot resolve your query, and if there are relevant grounds for taking the
matter further, you can submit an academic appeal, which we will deal with formally.
You must submit your academic appeal within 20 working days of the decision that
you are questioning being published or sent to you.
• If you are still not happy with our response to your academic appeal, you can ask for
a review.

This procedure sets out the steps involved in all three stages.

What academic queries and appeals are covered by this procedure?

For the purposes of this procedure, and in line with the UK Quality Code, an academic query
or appeal is defined as:

'a request for a review of a decision on student assessment, progress and awards.'

An academic query or appeal relates to the mark or grade you are given for an assessment,
or a decision about your progression. You can only raise a query or submit an academic
appeal ifwe have not followed our procedures properly and this has clearly affected the
outcome (this is called a procedural irregularity).

The following are not legitimate grounds for an academic query or appeal.

• If you are questioning academic judgment rather than the marking process.

1
The OIA defines academic judgment as ‘a judgment that is made about a matter where only
the opinion of an academic expert is sufficient.’ This means you cannot appeal against the
decision made by academic staff on the quality of your work or the criteria being applied to
mark your work.

Example 1

You receive your mark for a piece of coursework you have completed. You have scored 35. You
worked hard on the coursework and were expecting it to receive at least 50. You wish to submit an
academic appeal to challenge the mark of 35 because you feel it deserved more. This is not a
legitimate ground for appeal because you are seeking to challenge academic judgment.

Example 2

You receive your mark for a piece of coursework you have completed. You have scored 35. You
read the feedback sheet and the comments of the marker don’t seem to relate to your piece of
work. They refer to data tables and quotations that you didn’t use in your coursework. You wish to
submit an academic appeal to challenge the mark of 35 because you feel that it has been
mistakenly applied to your work. This is a legitimate ground for appeal because there is evidence
that a mark associated with someone else’s work has incorrectly been given to you.

• If you disagree with the way we considered extenuating circumstances, unless you
have clear evidence that we did not follow the correct procedures or that the
examination board did not consider the recommendations properly.

It may be more appropriate to consider some issues under processes other than this
Academic Queries and Appeals Procedure. Some situations can involve a combination of
issues, where some are academic queries and appeals and others are not, and we will
assess each case individually. You must raise, at the time, any concerns you have about the
support you receive to prepare for your assessment using the Concerns and Complaints
Procedure, as these cannot be considered later as grounds for an academic query or
appeal.

Who can raise a query or make an academic appeal?

The procedure is only for enrolled students of the University. In this procedure, we refer to
the student making a query or submitting an academic appeal as 'you'.

We will only accept academic queries or appeals from you and not from someone else on
your behalf.

If there are valid reasons why you are unable to take part in the process, and you can
provide evidence of the reasons, we may, in exceptional circumstances, agree to accept
academic queries or appeals from a third party if they are acting as your representative and
you have given them permission to act for you under the requirements of the Data Protection
Act (1998). This means that you must give clear written authority at each stage of the
process for the third party to act on your behalf. All communication we have concerning the

2
issue will then be with your representative not with you. The same timescales will apply as
with other cases.

If the issues raised affect a number of people, you can submit a group academic query or
appeal. In these circumstances, so that we can manage the academic query or appeal, the
group should nominate one person to act as group representative.

Academic queries and appeals involving more than one issue


Students sometimes raise issues which do not fall neatly into the category of this or other
procedures such as Concerns and Complaints. If this applies to you, we will tell you which
issues we will consider under which procedure and will direct you to the other appropriate
procedure (for example, the Concerns and Complaints Procedure) for the other issues. We
will tell you about the effects, if any, of following two procedures at once, particularly where
one procedure may be suspended until the other is completed.

Where there is significant overlap, we may decide to consider matters together, as long as
you agree to this in writing. For example, if an academic appeal covers issues that could
also be dealt with under other procedures such as the Concerns and Complaints Procedure,
we can carry out a joint investigation. We will tell you where responsibility for the overall
investigation lies and who will issue the final decision.

Academic queries or appeals involving more than one faculty

If your academic query or appeal relates to the actions of two or more faculties, the faculties
will agree between them who will take the lead and you will be given the lead person’s
contact details. This lead person will then co-ordinate the different faculties to make sure that
the academic query or appeal is fully dealt with in a single response.

Partner institutions

If we are working with one or more partners to provide learning opportunities, the Student
Handbook will make it clear which partner’s procedures apply and how students can access
these procedures. This includes making it clear to students where they should send any
academic queries or appeals, and how far each partner will be involved in considering these.

In line with the QAA Quality Code, if you are a student studying with a partner institution on a
programme leading to a Birmingham City University award, you have the right to make an
academic appeal to us.

In the case of a joint degree which we offer with another awarding body, the Student
Handbook will make it clear which institution is responsible for the final review and which
national body (if relevant) is responsible for the external review.

If a programme is assessed by an external organisation, for example by a professional,


statutory or regulatory body, the Student Handbook will make it clear which body will
deal with specific issues.

Time limits

You should raise any academic queries with us as soon as they arise to allow us to
investigate and deal with them as soon as possible. Although individual faculties may

3
respond to queries raised at a local level some time after the event, the formal academic
appeal stage is only available if we receive the academic appeal form within 20 working days
of the results being published. This period of 20 working days will include the time needed
for a query to be raised first. If we receive your academic appeal form more than 20 working
days after the event, we will only be able to take it to the formal academic appeal stage if
there is a good reason for the delay. When deciding whether there is a good reason for a
delay, we will consider things such as our obligations under the Equality Act or whether you
need a reasonable adjustment to the procedure being used. Our Enablement team will give
advice where appropriate.

The Director of Student Affairs (or someone they nominate to act on their behalf) will
consider cases and, if they feel the delay is justified, will allow us to deal with the academic
appeal under the formal academic appeal stage. Within 10 working days of receiving your
late academic appeal, we will write to you with the decision to either accept or dismiss the
late academic appeal. If we accept your academic appeal, the normal timescales will apply
starting from the date of our decision to accept it.

We aim to process a formal academic appeal and any associated review within 90 calendar
days. This is in line with OIA guidance. Under the 90-day timeframe you must meet any
deadlines we set for providing further information or documents and attending meetings.
There will occasionally be circumstances when we need to extend the timeframe for different
stages. (We will only do this if there is a good reason, for example if we need to wait for a
key person to be available to speak to us.) If this is the case, we will tell you and will explain
the reasons for the delay and tell you the new timescales. We will provide regular updates
on progress where appropriate.

Academic queries and appeals process


This Academic Queries and Appeals Procedure is intended to provide a quick and simple
process with a strong focus on early resolution by well-trained staff who have the power to
take necessary action. The Academic Queries and Appeals Procedure has three stages.

Query and early resolution: at this stage, straightforward queries are dealt with quickly and
locally, for example by the relevant course team or school. Any investigation is not intended
to be exhaustive. This can help you understand why you were given a particular assessment
mark or grade. This might include, for example, face-to-face discussions with you to explain
the assessment result, your options for making academic progress or the reasoning behind
the decision. This will also help you decide whether it is appropriate to submit a formal
academic appeal. The following members of staff will often be in a position to deal with
queries or tell you who best to speak to about your query:

• Personal Tutor
• Programme Director
• Course Leader
• Head of Student Support
• ASK desk
• Appeals and Resolutions team
• Student Governance team

This stage should be completed within 10 working days of the query being raised.

4
Formal academic appeal: if you are not satisfied with the response to the query and if there
are relevant grounds for taking the matter further, it can move to the formal academic appeal
stage. The formal academic appeal stage will usually be dealt with by staff who were not
involved directly at the query and early resolution stage.

This stage should be completed within 25 working days of us receiving the academic appeal
and we will give you our decision in writing.

Review: you can ask us to review the way we have handled a formal academic appeal to
make sure that we followed the appropriate procedures and that our decision was
reasonable. At this stage we will not normally reconsider the issues raised, but will consider
significant new evidence that you were unable to provide at an earlier stage for valid
reasons.

If you have already made an academic appeal to a partner institution and you are not
satisfied with the way it has been dealt with under their own academic appeals procedure,
you may be able to refer the academic appeal to us and we will consider it under this stage.
This will include a review of the way in which the partner institution handled the matter. Your
Student Handbook will explain if this applies to your course.

This stage should be completed within 15 working days of us receiving the request for a
review and we will give you our decision in writing.

5
Early resolution of query:

Formal academic appeal stage:

Review stage:

6
Mediation

Mediation is a voluntary process where someone who is impartial and independent helps
settle issues confidentially. Using mediation can help both you and us to understand the
reason for the academic query or appeal, and may help to reach a conclusion that you and
we are satisfied with, as soon as possible.

If both we and you agree to mediation, we will agree revised timescales with you in writing. If
mediation is used in the formal academic appeal or review stages, we will make it clear how
the arrangement fits with more formal procedures, the details of the mediation and whether
you and we must agree beforehand whether to accept the solution offered or the findings
reached. The formal process may need to be restarted if an agreement cannot be reached
using mediation.

Student representation

You have the right to take someone with you to meetings. This person is not there to act in a
legal capacity. They are there to provide advice and support to you, not to act on your
behalf.

Stages of the process (refer to flowchart)


Query and early resolution – to be completed within 10 working days of receiving
your query

If you think we have not followed the procedures properly and this has clearly affected the
outcome, the purpose of the query and early resolution stage is to help you understand the
reasons for the assessment, progression or award decision, or for you to tell us about a
possible error in the process, such as marks not being recorded correctly. You should raise
your query with your course team or school as soon as possible after becoming aware of it.

You can raise a query at this stage face-to-face, by phone, in writing or by email.

We can deal with most queries at this stage and your Student Handbook will explain the
process that you should follow. This may include, for example, 'results clinics' following
publication of results, meetings with the course leader or meetings with your personal tutor.
If the person you raise the query with needs to pass responsibility for dealing with it to
another member of staff, they will give you that member of staff's details and, if possible,
introduce you to them or give you an appointment to meet them.

It is important that you have an opportunity to raise your queries and feel that we have
listened to you. We can often deal with a query by explaining things to you and talking
through your options. If we do find that we made a mistake, we will try to understand how
this happened, apologise to you and try to make sure you are not disadvantaged because of
this. We will also explain what we will do to prevent a similar situation from happening again.

Closing the query at the early resolution stage

We will tell you the outcome of the early resolution stage either face-to-face, by phone, in
writing or by email. We will look at all areas of the query and explain the reasons for the
agreed actions.

7
Formal academic appeal – to be completed within 25 working days of receiving the
formal academic appeal

We will only consider a formal academic appeal for investigation when the query and early
resolution stage has been attempted first. You must make a formal academic appeal within
20 working days of the results being published.

We will give special attention to identifying academic appeals that may require particularly
quick action. These may include the following.

• Cases where the effects of the issues raised may have harmed a person's mental
health or led to significant distress
• Cases where external time limits apply for example in meeting regulatory
requirements for completing professional courses

You must submit a formal academic appeal to the Appeals and Resolutions office
electronically, by email, using our formal academic appeal form. You must set out your
concerns clearly and briefly and provide evidence, where possible, of the issues raised. Only
evidence that is clearly referenced in the academic appeal will be considered.

When we receive your formal academic appeal we will consider some key questions,
including the following.

• Has the academic appeal already been through the query and early resolution stage?
If not, we will refer it back to the query and early resolution stage.
• Have you set out clearly what the academic appeal is about and which area (or
areas) of the University is involved?
• Have you provided evidence to support the academic appeal and is there a clear
reference to this in the academic appeal?
• What outcome are you hoping for and can it be achieved?
• Is the academic appeal suitable for mediation?
• Is the academic appeal covered by the Academic Queries and Appeals Procedure or
should we refer you to another procedure?
• What help or support can we provide to you?

When we receive an academic appeal, we must decide whether it meets the conditions to be
considered under this Academic Queries and Appeals Procedure. If not, we will tell you our
decision and the reasons for this, and give you details of the correct procedure to use, if
appropriate.

If your academic appeal is eligible to be considered under the Academic Queries and
Appeals Procedure, we will send you a dated acknowledgement of receipt within five
working days of receiving the formal academic appeal form and will record the date we
received the appeal in our academic queries and appeals system. If we decide that your
appeal is ineligible and advise you that there is nothing you can do to make the appeal
eligible, you will have the right to request a review of our decision (see the Review stage
below).

Appeals and Resolutions will inform your Head of Student Support that you have made an
academic appeal and that it is being investigated. If you have received an examination board
decision of ‘cannot proceed’ or ‘fail withdraw’, you will be allowed to attend classes and
access facilities until we decide on the outcome of your academic appeal (including any
review).

8
We will pass the academic appeal to a suitably trained case officer in the relevant faculty to
investigate. This person will have had no previous involvement in the matter. The purpose of
the investigation is to find out all the facts that are relevant to the points made in the
academic appeal and to provide a full, fair and proportionate response that sets out our
position clearly.

We will tell you the name and contact details of the case officer. It is important to be clear
from the start of the investigation stage exactly what is being investigated, and to make sure
that both you and the case officer understand the scope of the investigation. The case officer
will discuss the matter with you, usually face-to-face or by phone, and will consider the
following three questions.

• What specifically is the academic appeal about?


• What do you want to achieve by appealing?
• Do your expectations appear to be reasonable and achievable?

If you are expecting more than we can reasonably provide, we will tell you this as soon as
possible to manage expectations about possible outcomes.

The case officer will consider the academic appeal and may talk to relevant staff and
consider documents and other evidence. We expect you to provide all evidence that it is
reasonable for you to have gathered. This may include, for example, module guides,
assignment briefs and examination board letters. The case officer will consult with the
relevant associate dean to agree, where appropriate, any action that should be taken and
will produce a report based on their investigations which will outline the process they have
followed, the information they have gathered, their conclusions and their recommendations.
To help make sure we are consistent and fair when considering academic appeals, the Case
Officer Report will be sent to the Appeals and Resolutions office.

The report will state either that:

• the academic appeal is partly or fully justified (and suggest actions to put the matter
right); or
• the academic appeal is not justified and should be rejected.

If the report states that your academic appeal is not justified, we will ask a member of staff
who is not a member of your school or college to consider your appeal and the response.
This member of staff will be on the SCAD Register, a list of staff approved by the Student
Complaints, Appeals and Discipline Committee to investigate and hear student disciplinary
cases, student complaints, and academic appeals within the University. If they agree that the
academic appeal is not justified and should be rejected, we will confirm the decision.

If they decide that the academic appeal should be considered further, we will bring together
a panel to consider the academic appeal. The panel will consist of three members of staff
from the SCAD Register who have no previous knowledge of you or this case, and who are
not from the same school or college as you. The panel will decide whether the academic
appeal is justified, and whether any action is required.

At all stages, staff will consider whether the academic appeal is suitable for mediation.

Everyone involved will receive copies of the information considered and a copy of the
investigation report and panel report where appropriate. We will provide a full response to
the academic appeal within 25 working days of receiving the academic appeal form (except
in cases where a panel is used, in which case it will be 35 working days).

9
Extending the time limit

If there are clear and justifiable reasons for extending the time limits we will set new time
limits. The maximum extension will be 10 working days (that is, not more than 35 working
days in total from the date we receive the academic appeal form, or 45 working days where
a panel is held).

Closing the academic appeal at the formal academic appeal stage

We will give you a clear explanation of the outcome of your formal academic appeal in
writing, setting out the reasons for each decision in simple, straightforward language. If we
find that your academic appeal is partly or fully justified, we will explain how and when we
will put in place actions to put the issue right, and apologise where appropriate. We will
record the outcome on our academic queries and appeals system.

We will tell you about:

• your right to take the academic appeal to the review stage;


• the grounds on which you can do this (see below);
• the time limit for moving to the review stage (20 working days of us sending you the
outcome of the academic appeal);
• the appropriate procedure to follow; and
• where and how to access advice and support, for example the Students’ Union or
Student Affairs.

If you do not take the academic appeal to the review stage within the time limit for doing so,
we will close the matter.

We will inform your Head of Student Support of the outcome.

Review – to be completed within 15 working days of receiving the request for a review

If you are not satisfied with the outcome of the formal academic appeal stage, you have 20
working days to ask for a review. There are limited grounds for asking for a review which are
as follows.

• There is new evidence which you were unable, for valid reasons, to provide earlier in
the process that would have had a significant effect on the outcome of the formal
academic appeal stage.
• The correct procedure was not followed during the formal academic appeal stage
and this has had a significant effect on the outcome.
• The outcome was unreasonable given all the circumstances and the evidence
considered.

The purpose of a review is to consider whether we followed the correct procedure during the
formal academic appeal stage and whether the outcome was reasonable. At the review
stage, we will not usually consider the issues again or investigate the matter further. An
academic appeal must have been considered at the formal academic appeal stage before it
can move to the review stage. If your expectations appear to be beyond what can be
achieved at the review stage, we will tell you this as soon as possible in writing to manage
your expectations about possible outcomes.

10
You must submit a request for review electronically, by email, by filling in the appropriate
form. You must set out your concerns clearly and briefly and provide evidence, where
possible, of the issues raised. Only evidence that is clearly referenced in the form will be
considered. We will acknowledge the request for a review within five working days.

The Appeals and Resolutions office will assess the request for a review and the Director of
Student Affairs, or someone they nominate to act on their behalf, will use this assessment to
decide between the following two possible outcomes.

• There are no grounds for taking the matter further. If this is the case, we will tell you
in writing and also let you know about any right you may have to ask the OIA to
review your appeal.
• There are grounds for reconsidering the case.

If there are grounds for reconsidering the case, the Director of Student Affairs, or someone
they nominate to act on their behalf, will consider the following.

• Were the relevant procedures followed during the formal academic appeal stage?
• Was the outcome reasonable in all the circumstances?
• Have you received clear reasons why we rejected the academic appeal at the formal
academic appeal stage?
• If you have provided new evidence, have you provided valid reasons for not providing
it earlier?
• If there were valid reasons for not providing this evidence earlier, would it have had a
significant effect on the outcome?

The Director of Student Affairs, or someone they nominate to act on their behalf, will decide
between the following two options.

• The academic appeal will be referred back to the formal academic appeal stage
together with a recommendation.
• The issues are complicated and so it would be better to deal with them through a
review panel.

A review panel will be held in line with our standard procedures for such panels.

Extending the time limits

If there are clear and justifiable reasons for extending the time limits, we will set new time
limits. The maximum extension will be 10 working days (that is, not more than 25 working
days in total from the date we receive your request for a review).

Closing the academic appeal at the review stage

We will give you a clear explanation of the outcome of the review in writing, setting out the
reasons for each decision in simple, straightforward language. If the review finds that an
academic appeal is partly or fully justified, we will explain how and when we will put in place
actions to put the issue right, and apologise where appropriate. We will record the outcome
on our academic queries and appeals system. We will also let you know about any right you
may have to ask the OIA to review your appeal.

11
Birmingham City University

Concerns and Complaints Procedure – Effective from 2017/18

Introduction

This procedure reflects our commitment to valuing, and learning from, concerns and
complaints. If we can deal with complaints early, we can help make sure we provide a
positive experience for our students and members of the public. We aim to deal with issues
as soon as they arise, where possible, and to carry out thorough and fair investigations
where needed to make sure we are able to make decisions based on the facts of each case.

The procedure applies to all enrolled students of the University and members of the public. It
does not apply to our staff unless they are enrolled students of the University and the issue
is to do with their learning experience.

The procedure meets the 'General principles applying to Birmingham City University student
procedures’ and is in keeping with the 'Good Practice Framework for Handling Complaints
and Academic Appeals' published by the Office of the Independent Adjudicator (OIA).

What is a concern or a complaint?

As in any organisation, we sometimes make mistakes or the service we provide does not
meet expectations. We need to know when things go wrong so that we can put things right.

If you are not satisfied with our service, there are three stages you should follow.

• First, you should raise a concern, which we can often deal with quickly and
informally. You should do this as soon as the concern arises.
• If we cannot resolve your concern, you can submit it as a complaint, which we will
deal with formally. You must make the complaint within 40 working days of the issue
arising.
• If you are still not happy with our response to your complaint, you can ask for a
review.

This procedure sets out the steps involved in all three stages.

What concerns and complaints are covered by this procedure?

For the purposes of this procedure, a concern or complaint is as defined in the OIA Good
Practice Framework:

'an expression of dissatisfaction … about the University’s action or lack of action, or about
the standard of service provided by or on behalf of the University.'

This definition is in line with the QAA Quality Code, and covers matters that affect the quality
of a student’s learning opportunities.

1
If you are a student, the best way to deal with many concerns is often through the
student feedback arrangements in place for your programme as shown in the Student
Handbook. These arrangements allow us to record issues and track and tell you about
our actions.

A concern or complaint may (but not always) relate to the following.

• Our failure to meet our obligations, including those set out in your course or the
student handbooks or the Student Partnership Agreement.
• The quality and standard of our service, including the way in which we (or a partner
institution) provide, teach or manage a programme.
• Our failure to provide a service.
• The poor quality of facilities, learning resources or services provided directly by us.
• Misleading or incorrect information in prospectuses or promotional material and other
information we provide.
• The way you have been treated by, or the attitude of, a staff member, student or
contractor.
• Inappropriate behaviour by a staff member, student or contractor.
• Our failure to follow an appropriate administrative process.
• Complaints involving other organisations or contractors providing a service on our
behalf.

It may be more appropriate to consider some issues under processes other than this
Concerns and Complaints Procedure. For example, the following issues are not classed as
concerns or complaints under this procedure.

• Not being satisfied with a decision made by an examination board regarding student
progression, academic assessment and awards (see Academic Queries and Appeals
Procedure).
• Not being satisfied about the outcome of an academic misconduct or disciplinary
process.
• Not being satisfied with a decision made under other specific regulations such as
fitness to practise or disciplinary processes.
• An issue related to a staff member or student which falls within our staff or student
disciplinary policies.
• A routine, first-time request for a service.
• A request under the Freedom of Information Act or Data Protection Act.
• A request for information or an explanation of policy or practice.
• A response to an invitation to provide formal feedback (for example, through a
questionnaire or committee membership) will generally not be treated as a complaint.
• An insurance claim.
• An issue which is being, or has been, considered by a court or tribunal.
• An attempt to have a complaint reconsidered after our Concerns and Complaints
Procedure has been completed and a decision has been issued.

We will deal with these issues under the appropriate processes rather than under this
Concerns and Complaints Procedure. Some situations can involve a combination of issues,
where some are concerns or complaints and others are not, and we will assess each case
individually.

2
Who can raise a concern or complaint?

Anyone who receives, requests or is affected by our services can raise a concern or
complaint. This includes:

• students and former students who have a concern or complaint that relates to their
experience during their time at the University; and

• members of the public who have a concern or complaint about matters which are (or
which were at the time the issue arose) our responsibility.

The basic processes for investigating concerns and complaints are the same for students
and members of the public. In this procedure, we refer to the person raising the concern or
making the complaint as 'you'.

We will only accept concerns or complaints we receive from third parties (for example, a
relative) if they are acting as your representative and you have given them permission to act
for you under the requirements of the Data Protection Act (1998). This means that you must
give clear written authority at each stage of the process for the third party to act on your
behalf. All communication we have concerning the issue will then be with your representative
not with you. The same timescales will apply as with other cases.

If the issues raised affect a number of people, you can submit a ‘group concern’. In these
circumstances, so that we can manage the concern, the group should nominate one person
to act as group representative.

We will only consider concerns that are submitted anonymously in exceptional


circumstances, when there is a compelling case - supported by evidence - for the matter to
be investigated. If you decide to raise a concern anonymously, you should be aware that this
could delay the investigation and the outcome.

Concerns and complaints involving more than one issue

Students sometimes raise issues which do not fall neatly into the category of this or other
procedures such as academic appeals. If this applies to you, we will tell you which issues we
will consider under which procedure and will direct you to the other appropriate procedures
(for example, the Academic Queries and Appeals Procedure) for the other issues. We will
tell you about the effects, if any, of following two procedures at once, particularly where one
procedure may be suspended until the other is completed.

Where there is significant overlap, we may decide to consider matters together, as long as
you agree to this in writing. For example, if a concern or complaint covers issues that could
also be dealt with under other procedures such as the Academic Queries and Appeals
Procedure, we can carry out a joint investigation. We will tell you where responsibility for the
overall investigation lies and who will issue the final decision.

3
Concerns and complaints involving more than one faculty or professional
service

If your concern or complaint relates to the actions of two or more faculties or professional
services, the faculties and services will agree between them who will take the lead and you
will be given the lead person’s contact details. This lead person will then co-ordinate the
different faculties and services to make sure that the concern or complaint is fully dealt with
in a single response.

Partner institutions

If we are working with one or more partners to provide learning opportunities, the Student
Handbook will make it clear which partner’s procedures apply and how students can access
these procedures. This includes making it clear to students where they should send any
concerns or complaints, and how far each partner will be involved in considering these.

In line with the QAA Quality Code, if you are a student studying with a partner institution on a
programme leading to a Birmingham City University award, and you have a complaint about
an academic matter, you have the right to appeal to us. If you have followed the partner
institution’s complaints procedure and you are not satisfied with the outcome, we will review
your complaint.

In the case of a joint degree which we offer with another awarding body, the Student
Handbook will make it clear which institution is responsible for the final review if you make a
complaint, and which national body (if relevant) is responsible for the external review.

If a programme must be assessed by an external organisation, for example by a


professional, statutory or regulatory body, the Student Handbook will make it clear which
body will deal with specific issues.

Concerns and complaints involving other organisations or contractors who


provide a service on our behalf

If another organisation has provided a service on our behalf, for example student
accommodation, and you want to raise a concern about the service, please contact the
appropriate organisation direct.

You can raise a concern direct with us about a service another organisation has provided on
our behalf, if the concern relates directly to matters which have affected your learning
experience.

Concerns and complaints about staff

Concerns and complaints students make about staff can be particularly sensitive. You will
not be disadvantaged as a result of raising legitimate concerns or complaints, and raising
such an issue will not influence the outcome of any marking or grading. If you raise a
concern or make a complaint about a member of staff, the investigation will be carried out by
someone who is independent of the situation.

4
If you have a concern about a person who would ordinarily be involved in the complaint
process (see below) then you should seek advice from Appeals and Resolutions as to who
to raise your concern with.

If we receive a concern or complaint about a member of staff, that person will be entitled to
receive appropriate support and advice. This will include the right to ask someone to go with
them to meetings about the matter to act as their advisor and supporter. This person is not
there to act in a legal capacity.

Concerns and complaints about Birmingham City University Students’ Union

If you have a concern or complaint about the services of the Students' Union, you must
follow the Students’ Union’s own complaints procedure.

Time limits

You should raise any concerns with us as soon as they arise to allow us to investigate and
deal with the matter as soon as possible. Although individual faculties and professional
services may accept concerns raised at a local level some time after the event, the formal
complaint stage is only available if we receive the complaint form within 40 working days of
you first becoming aware of the issue. This period of 40 working days will include the time
needed to carry out the initial assessment and to try to resolve the matter as soon as
possible. If we receive your complaint form more than 40 working days after the event you
are complaining about, we will only be able to take it to the formal complaint stage if you
have evidence to show there is a good reason for the delay. When deciding whether there is
a good reason for a delay, we will consider things such as our obligations under the Equality
Act or whether you need a reasonable adjustment to the procedure being used. Our
Enablement team will give advice where appropriate.

The Director of Student Affairs (or someone they nominate to act on their behalf) will
consider cases and, if they feel the delay is justified, will allow us to deal with the complaint
under the formal complaint stage. Within 10 working days of receiving your late complaint,
we will write to you with the decision to either accept or dismiss the late complaint. If we
accept your complaint, the normal timescales will apply starting from the date of our decision
to accept it.

We aim to process a formal complaint (made under the formal complaint stage) and any
associated review within 90 calendar days. This is in line with OIA guidance. Under the 90-
calendar-day timeframe you must meet any deadlines we set for providing further
information or documents and attending meetings. There will occasionally be circumstances
when we need to extend the timeframe for different stages. (We will only do this is there is a
good reason, for example if we need to wait for a key witness to be available to speak to us.)
If this is the case, we will tell you and will explain the reasons for the delay and tell you the
new timescales. We will provide regular updates on progress where appropriate.

5
Flowchart of stages

Early resolution of concern:

Formal complaint stage:

Review stage:
6
Concerns and complaints procedure
This procedure aims to provide a quick, simple process with a strong focus on well-trained
staff having the power to deal with concerns and complaints as soon as possible. The
Concerns and Complaints Procedure has three stages.

(1) Initial assessment and early resolution: at this stage, straightforward concerns are
dealt with quickly and locally, for example by the relevant school, faculty or
professional service. This might include, for example, face-to-face discussions with
you, or asking an appropriate member of staff to deal with the matter.

This stage should be completed within 10 working days of the concern being raised.

(2) Formal complaint: your concern or complaint can move to this stage if you are not
satisfied with the outcome of the early resolution stage, or if the case is too serious or
too complicated to be dealt through early resolution. The formal complaint stage will
usually be dealt with by staff who were not involved directly at the early resolution
stage.

This stage should be completed within 25 working days of us receiving the formal
complaint and we will give you our decision in writing.

(3) Review: you can ask us to review the way we have handled a formal complaint to
make sure that we followed the appropriate procedures and that our decision was
reasonable. At this stage we will not normally reconsider the issues raised, but will
consider significant new evidence that you were unable to provide at an earlier stage
for valid reasons.

If you have already made a complaint to a partner institution about an academic


matter and you are not satisfied with the way it has been dealt with under their own
complaints procedure, you can refer the complaint to us and we will consider it under
this stage. This will include a review of the way in which the partner institution
handled the matter.

This stage should be completed within 15 working days of us receiving the request
for a review and we will give you our decision in writing.

Mediation

Mediation is a voluntary process where someone who is impartial and independent helps
settle issues confidentially. Using mediation can help both you and us to understand the
reason for the concern or complaint, and may help to reach a conclusion that you and we
are satisfied with, as soon as possible.

If both we and you agree to mediation, we will agree revised timescales with you in writing. If
mediation is used in the formal complaint or review stages, we will make it clear how the
arrangement fits with more formal procedures, the details of the mediation and whether you
and we must agree beforehand whether to accept the solution offered or the findings
reached. The formal process may need to be restarted if an agreement cannot be reached
using mediation.

8
Student representation

If you are a student enrolled on a course at the University, you have the right to take
someone with you to meetings. This person is not there to act in a legal capacity. They are
there to provide advice and support to you, not to act on your behalf.

Stages of the process (refer to flowchart)

Initial assessment and early resolution – to be completed within 10 working days


of receiving your concern

The purpose of the initial assessment and early resolution stage is to understand the
concern and, if it is straightforward and needs a limited amount of investigation, resolve it as
quickly as possible. Any investigation is not intended to be exhaustive. If you have a concern
you should raise it with the relevant school, faculty or professional service as soon as
possible after becoming aware of the issue. You can raise a concern at this stage face-to-
face, by phone, in writing or by email. The following members of staff will often be in a
position to deal with concerns or tell you who best to speak to about your concerns:

• Personal Tutor
• Programme Leader
• Head of Student Support
• ASK desk
• Appeals and Resolutions team
• Student Governance team

Each Faculty also has an Associate Dean of Student Learning and Experience who may
assist in trying to resolve your concerns.

The member of staff you raise the concern with will consider some key questions as part of
the initial assessment, including the following.

• What specifically is the concern about and which area (or areas) of the University is
involved?
• What outcome are you hoping for and can it be achieved?
• Is the concern straightforward and likely to be settled with little or no investigation?
• Can we settle the matter on the spot by providing an apology or explanation, or a
different solution?
• Can another member of staff help to settle the matter quickly?
• Is confidential mediation likely to help?
• Is the issue you have raised covered by the Concerns and Complaints Procedure or
should we refer you to another procedure such as academic appeals?
• If you are a student, what help or support can we provide to you?

A small number of concerns may be moved immediately to the formal complaint stage. We
will move an issue to the formal complaint stage for investigation if:

• the issues raised are complicated and will require detailed investigation; or

9
• the concern relates to issues that we have identified as high risk. (See the Formal
complaint section below for more details.)

We can deal with most concerns at the initial assessment and early resolution stage.
Concerns at this stage of the process may be dealt with by any relevant member of our staff,
who may handle it by having a face-to-face discussion with you, or by asking an appropriate
member of staff or trained mediator to help with the matter. It is important that you should
have an opportunity to tell us your concerns and feel that we have listened to you. We can
often deal with a concern by explaining why the issue happened, apologising when
appropriate and, where possible, explaining what we will do to prevent a similar situation
from happening again.

If the member of staff you raise a concern with is responsible for the matter, they will try to
resolve the issue. If responsibility lies elsewhere, the staff member you raise the concern
with will work with the relevant areas so that the concern can be dealt with quickly rather
than simply pass you on to another office. If the person you raise the concern with does
need to pass responsibility for dealing with it on to another member of staff, they will give
you that member of staff's details and, if possible, introduce you to them or give you an
appointment to meet them.

Closing the concern after the early resolution stage

We will tell you the outcome of the early resolution stage either face-to-face, by phone, in
writing or by email. We will look at all areas of the concern and explain the reasons for the
agreed actions.

Formal complaint – to be completed within 25 working days of receiving the formal


complaint

Formal complaints will either have been considered at the early resolution stage or will have
been identified through the initial assessment stage as needing to move straight to the
formal complaint stage. You must raise a formal complaint within 40 working days of first
becoming aware of the issue, unless you have attempted early resolution in which case the
40 working days will run from the conclusion of that stage. We will only consider a formal
complaint if:

• it has already been through the early resolution stage but you are not satisfied with
the outcome; or

• it is appropriate for the complaint to move straight tothe formal complaint stage
because:

o the issues raised are complicated and will need detailed investigation; or
o the complaint relates to issues that we have identified as high risk.

We will give special attention to identifying complaints that may need particularly quick
action. These may include the following.

• Complaints involving a threat of serious harm

10
• Cases where the effects of the issues raised may have harmed a person's mental
health or led to significant distress
• Cases where external time limits apply, for example in meeting regulatory
requirements for completing professional courses
• Complaints relating to disability support
• Issues of serious and repeated service failure or significant delay
• Issues of a highly sensitive nature

You must submit a formal complaint to the Appeals and Resolutions office electronically, by
email, using our formal complaint form. We will only accept a form submitted by someone
else on your behalf if you have given the other person written permission to act as your
representative. You must set out your concerns clearly and briefly, and provide evidence,
where possible, of the issues raised. Only evidence that is clearly referenced in the
complaint will be considered.

When we receive a complaint we will consider some key questions, including the following.

• Has the concern or complaint already been through the early resolution stage? If not,
unless it meets the conditions set out above for moving straight to the formal
complaint stage, we will refer it back to the early resolution stage.
• Have you set out clearly what the complaint is about and which area (or areas) of the
University is involved?
• Have you provided evidence to support the complaint and is there a clear reference
to this in the complaint?
• What outcome are you hoping for and can it be achieved?
• Is the complaint suitable for mediation?
• Is the complaint covered by the Concerns and Complaints Procedure or should we
refer you to another procedure?
• If you are a student, what help or support can we provide to you?

When we receive a formal complaint, we must decide whether it meets the conditions to be
considered under this Concerns and Complaints Procedure. If not, we will tell you our
decision and the reasons for this, and give you details of the correct procedure to use, if
appropriate. If we decide that your complaint is ineligible and advise you that there is nothing
you can do to make the complaint eligible, you will have the right to request a review of our
decision (see the Review stage below).

If your complaint is eligible to be considered under the Concerns and Complaints Procedure,
we will send you a dated acknowledgement of receipt within five working days of receiving
the formal complaint form and will record the date we received the complaint in our concerns
and complaints system.

We will pass the complaint to a suitably trained case officer to investigate. This person will
have had no previous involvement in the matter. The purpose of the investigation is to find
out all the facts that are relevant to the points made in the complaint and to provide a full, fair
and proportionate response that sets out our position clearly.

We will tell you the name and contact details of the case officer. It is important to be clear
from the start of the investigation stage exactly what is being investigated, and to make sure
that both you and the case officer understand the scope of the investigation. The case officer

11
will discuss the matter with you, usually face-to-face or by phone, and will consider the
following three questions.

• What is the complaint?


• What do you want to achieve by complaining?
• Do your expectations appear to be reasonable and achievable?

If you are expecting more than we can reasonably provide, we will tell you this as soon as
possible to manage expectations about possible outcomes.

You may tell us that you want all or part (for example, a statement from a witness) of your
complaint to remain confidential. Although we will manage all complaints in a confidential
and sensitive way, there will be staff who need to consider the complaint and who we may
ask to comment on or respond to the statements made.

The case officer will consider the complaint and may talk to relevant staff or students and
consider documents and other evidence. A case conference approach (where all those
involved meet together) will be used where this would be helpful. We expect you to provide
all evidence that it is reasonable for you to have gathered. This may include, for example,
copies of emails or letters, financial information such as evidence of lost income (if this is
relevant to the complaint), or statements from witnesses if it is safe and helpful to provide
these. The case officer will produce a report based on their investigations which will outline
the process they have followed, the information they have gathered, their conclusions and
their recommendations. The case officer will also consider whether the complaint is suitable
for mediation.

To help make sure we are consistent and fair when considering complaints, the case officer
will send the report to the Deputy Director of Student Affairs (Queries and Resolutions) (or
someone they have nominated to act on their behalf), for the recommendations to be
agreed. Everyone involved will receive copies of the information considered and a copy of
the investigation report. We will provide a full response to your complaint within 25 working
days of receiving the formal complaint form.

Extending the time limit

If there are clear and justifiable reasons for extending the time limit, the case officer will set
new time limits. The maximum extension will be 10 working days (that is, not more than 35
working days in total from the date we receive the formal complaint form).

Closing the complaint at the formal complaint stage

We will give you a clear explanation of the outcome of your formal complaint in writing,
setting out the reasons for each decision in simple, straightforward language. If we find that
your complaint is partly or fully justified, we will explain how and when we will put in place
actions to put the issue right, and apologise where appropriate. We will record the outcome
on our concerns and complaints system.

We will tell you about:

• your right to take the complaint to the review stage;


• the grounds on which you can do this (see below);

12
• the time limit for moving to the review stage (20 working days of us sending you the
outcome of the formal complaint);
• the appropriate procedure to follow; and
• where and how to access advice and support if you are a student, for example the
Students’ Union or Student Affairs.

If you do not take the complaint to the review stage within the time limit for doing so, we will
close the matter.

Review – to be completed within 15 working days of receiving the request for a


review

If you are not satisfied with the outcome of the formal complaint stage, you have 20 working
days to ask for a review. There are limited grounds for asking for a review, which are as
follows.

• There is new evidence which you were unable, for valid reasons, to provide earlier in
the process that would have had a significant effect on the outcome of the formal
complaint stage.
• The correct procedure was not followed during the formal complaint stage and this
has had a significant effect on the outcome.
• The outcome was unreasonable given all the circumstances and the evidence
considered.

The purpose of a review is to consider whether we followed the correct procedure during the
formal complaint stage and whether the outcome was reasonable. At the review stage, we
will not usually consider the issues again or investigate the matter further. A complaint must
have been considered at the formal complaint stage before it can move to the review stage.
If your expectations appear to be beyond what can be achieved at the review stage, we will
tell you this as soon as possible in writing to manage your expectations about possible
outcomes.

You must submit a request for a review electronically, by email, by filling in the appropriate
form. We will only accept a form submitted by someone else on your behalf if you have given
the other person written permission to act as your representative for the review stage. You
must set out your concerns clearly and briefly and provide evidence, where possible, of the
issues raised. Only evidence that is clearly referenced in the form will be considered. We will
acknowledge the request for a review within 5 working days.

The Appeals and Resolutions office will assess the request for a review and the Director of
Student Affairs, or someone they nominate to act on their behalf, will use this assessment to
decide between the following two possible outcomes.

• There are no grounds for taking the matter further. If this is the case, we will tell you
in writing and, if you are a student, also let you know about any right you may have to
ask the OIA to review your complaint; or

• There are grounds for reconsidering the case.

13
If there are grounds for reconsidering the case, the Director of Student Affairs, or someone
they nominate to act on their behalf, will consider the following.

• Were the relevant procedures followed during the formal complaint stage?
• Was the outcome reasonable in all the circumstances?
• Have you received clear reasons why we rejected the complaint at the formal
complaint stage?
• If you have provided new evidence, have you provided valid reasons for not
providing it earlier?
• Would any new evidence you have provided have affected the outcome (if there
were valid reasons for not providing this earlier)?

The Director of Student Affairs, or someone they nominate to act on their behalf, will decide
between the following two options.

• The complaint will be referred back to the formal complaint stage with a
recommendation.
• The issues are complicated and so it would be better to deal with them through a
review panel.

A review panel will be held in line with our standard procedures for such panels.

Extending the time limits

If there are clear and justifiable reasons for extending the time limits, we will set new time
limits. The maximum extension will be 10 working days (that is, not more than 25 working
days in total from the date we receive your request for a review).

Closing the complaint at the review stage

We will give you a clear explanation of the outcome of the review in writing, setting out the
reasons for each decision in simple, straightforward language. If the review finds that a
complaint is partly or fully justified, we will explain how and when we will put in place actions
to put the issue right, and apologise where appropriate. We will record the outcome on our
concerns and complaints system. If you are a student who is enrolled on one of our courses,
we will also let you know about any right you may have to ask the OIA to review your
complaint.

14
Birmingham City University
Conditions for Use of the Automated Laptop Loans Service
– Effective from 2017/18
The laptop loan service is available to current Birmingham City University students only.

1. By using the loan service, you agree to ensure the safety and security of the laptop
and accessories at all times; and to be liable for any loss, theft or damage to the
equipment, including but not limited to those arising from food and drink, accidental
damage or misuse, to a maximum of £(replacement cost). You may want to consider
taking out insurance against these eventualities. As bailee to the University, you can
insure the equipment as if it were your own.

2. You agree to abide by the Birmingham City University Conduct and Use of Computer
Systems Policy: https://icity.bcu.ac.uk/IT/Students/Code-of-Conduct Failure to
comply with this policy or these Terms and Conditions will result in action being
taken under the Birmingham City University Student Disciplinary Process which
could affect both your access to and the outcome of your studies.

3. Failure to return the equipment on time could affect your ability to access other
University resources and services. Fines will be accrued at the rate of £1 per hour or
part thereof for overdue equipment and will be added to your library account.
Unpaid fines will be converted to University debt. You will not be able to loan a
laptop if you have outstanding library fines or other University debts.

4. Birmingham City University IT are not responsible for any loss of data as a result of
using the laptops. Always save your work to a suitable and safe location.
Policy for Use of Computer Systems and
Networks at Birmingham City University
1. Introduction

The University provides computer workstations and communications network access to a variety of
services which are hosted either by the University or by external agencies via wide area network
facilities, e.g. JANET for Internet access. The conditions of use are: Computer systems and
networking facilities shall be used only for work and activity approved by the University.

2. Scope
This policy applies to all the following groups of staff and students at Birmingham City University:

Anyone accessing the Birmingham City University computer network


Anyone using computer equipment that is the property of Birmingham City University
All Birmingham City University Staff
All Birmingham City University Students
Associate Staff (Visiting Lecturers, KTP Associates)
Visitors to the University who are issued with temporary guest accounts

3. Access

Access to University information systems, networks or databases is only permitted if the University
has authorised this.

No attempt shall be made to access the systems and networks of other establishments either within
the United Kingdom or elsewhere unless:

The service required is a public or open access facility.

Authorisation has been obtained from the system/network service provider.

Policy Reference: P0002, IT Security Manager, November 2015


Version: 1.2
Classification: Public

Page 1 of 4
4. Usage

Systems and networks are not to be used for commercial purposes, nor to obtain external funding
unless written permission has been obtained from the Director of Information Technology (IT).

Computer systems and networks shall not be used to engage in any activity liable to cause offence
or to obstruct other users of Birmingham City University systems or users elsewhere. This includes
the deliberate introduction of viruses into University systems and networks.

Computer systems and networks may not be used to access, display, print or distribute slanderous,
libellous or knowingly untruthful information or material of an illegal nature.

The University has a statutory duty under Section 26(1) of the Counter-Terrorism and Security Act
2015, known as the Prevent duty, to have due regard to prevent people from being drawn into and
supporting terrorism.

Computer systems and networks shall not be used to create, download, store or transmit
extremism-related material with the intention of supporting or spreading terrorism. The University
reserves the right to block or monitor access to such material.

Copyrights and intellectual property rights must be respected by all Birmingham City University
computer system users and used only in accordance with the copyright protection conditions set
out below.

5. Protection of Copyright

The users of any software, computer readable dataset or courseware or other similar material,
hereafter referred to as "the material” shall:

 Ensure that all the requirements of the agreements, contracts and licences under which the
material is held by the University will be maintained (Copies of the relevant agreements,
contracts and licences may be seen by application to the Faculty / Department / Central
Service which made the material available);

 Adhere to the regulations governing the use of any service involved in the provision of
access to the material whether these services are controlled by Birmingham City University
or by some other organisation;

 Not remove or alter the Copyright Statement on any copies of the material;

 Ensure the security and confidentiality of any copy released to the user(s) and not make any
further copies from it or knowingly permit others to do so, unless permitted to do so under
the relevant licence;
Policy Reference: P0002, IT Security Manager, November 2015
Version: 1.2
Classification: Public

Page 2 of 4
 Use the material only for purposes defined, and only on computer systems covered, by the
agreement, contract or licence;
 Only incorporate the material, or part thereof, in any work, program or article produced by
the user(s) where this is permitted by the licence or by "Fair Dealing" 1 ;

 Only incorporate some part or version of the material in any work produced by the user(s)
with the express permission of the Licensor or unless this is permitted under the agreement;
 Not reverse engineer or decompile the software products or attempt to do so unless this
is explicitly permitted within the terms of the agreement for the use of the material; and

 Return or destroy all copies of the material at the end of the module / unit / course/year or
when requested to do so.

The unauthorised usage or copying or distribution of any material including software in breach of
licensing agreements may result in disciplinary action and may be reported to the relevant
authorities.

The University reserves its right to take legal action against individuals who cause
it to be involved in legal proceedings as a result of violation of its licensing agreements.

6. Security

A password is the personal property and responsibility of the individual to whom it is issued. When
issued with a password allowing access to information on systems and networks, a user must not
share the details of this password information with any other person whomsoever.

Computer systems and networks which are used to hold personal information which is subject to
the Data Protection Act, should not be set up without prior authorisation from the University
Secretary.

7. Data Backup

The University is not responsible for students own data and students should maintain their own
backups. Although, the University will attempt to restore lost data it will not be held responsible
if unable to do so.

1 The wording of section 4.1 has been derived from the CHEST (Combined Higher Education Software Team) Code of Conduct (Copyright
Acknowledgement). The University has also sought assistance from CHEST in the clarification of the term “Fair Dealing”. The following
clarification of “Fair Dealing” has been recommended by CHEST and accepted by the University. In providing this clarification CHEST
acknowledge their debt to the work by Professor Charles Oppenheim entitled “The Legal and Regulatory Environment for Electronic
Information” from which this clarification has been derived.

“Fair Dealing means that an individual, or a friend or colleague of the individual, if sued for infringement, has as his/her defence the
argument that he/she made the copy (or copies) of not too substantial a part of the literary work and that the copying did not damage the
legitimate interests of the copyright owner. The legislation gives specified purposes where Fair Dealing applies, e.g. private research,
commercial research, private study, criticism and book reviewing, reporting current events and educational purposes.”

Policy Reference: P0002, IT Security Manager, November 2015


Version: 1.2
Classification: Public

Page 3 of 4
Policy Review

This policy will be reviewed on an annual basis, or if there is a change in legal or other business
related requirement.

Review Date Description Reviewer


Policy for Use of Computer
29/11/2016 Systems & Networks at IT Security Manager
Birmingham City University

8. Document History

Version Date Description Authors


Policy for Use of Computer
Systems & Networks at
29/11/2015 IT Security Manager
Birmingham City University 1.2
(Prevent Duty inclusion)
Policy approved and accepted, by
22/03/2016 UEG approval
University Executive Group (UEG)

Policy Reference: P0002, IT Security Manager, November 2015


Version: 1.2
Classification: Public

Page 4 of 4
Copyright and File Sharing Policy
1. Introduction

The purpose of this policy is to set out the appropriate use of peer-to-peer (P2P) file sharing
applications used on or across the university network. File sharing technology provides the ability
to share electronic file content among users, and examples include, but are not limited to
BitTorrent, KaZaA, and Freenet. Although there are legitimate P2P applications and uses for this
type of technology, it is frequently misused for the illegal downloading and sharing of electronic
content including music, films, software and other materials which are copyrighted. The
downloading or sharing of such copyrighted content without the permission of the copyright owner
is illegal.

Infringement notices are issued by copyright agencies, working on behalf of the copyright owners,
and the user in question responsible for the illegal download or sharing undertaken may be subject
to legal action.

Users of the Birmingham City University network are responsible for adhering to the legal
requirements set out in UK Copyright Law, and also the university’s internet service provider
Janet’s Acceptable Use Policy (AUP). Details of which can be found under the Related Documents
& Resources section at the end of this document.

2. Scope

This policy applies to all the following groups at Birmingham City University:

Anyone using computer equipment that is the property of Birmingham City University.
Anyone accessing the Birmingham City University network remotely
All Birmingham City University Staff
All Birmingham City University Students
Associate Staff (Visiting Lecturers, KTP Associates)
Visitors to the University who are issued with temporary guest accounts
Visitors from other educational institutions using their home organisation accounts

Policy Reference: P0005, IT Security Manager, March 2016


Version: 1.0
Classification: Public

Page 1 of 4
3. Issues caused through the use of illegal peer-to-peer file sharing

In addition to the legal copyright law requirements set out previously in this document there are
several concerns around the use of peer-to-peer applications on the University network. These
include:

 Peer-to-peer file sharing applications have the ability to share the user’s data stored on their
machine or device, where the file sharing application has been installed. As a result this could
lead to the user unknowingly sharing personal, and other sensitive information with others
inadvertently.

 Peer-to-peer file sharing applications can introduce security threats to the university network
and systems through viruses, malware, spyware, in addition to potential password and identity
theft.

 Peer-to-peer file sharing applications can consume large amounts of bandwidth, through user’s
knowingly or otherwise hosting or downloading material. As this may impact legitimate
university network activities, the university reserves the right to undertake bandwidth limiting or
‘bandwidth throttling’ as this is known, for file sharing traffic as deemed necessary to preserve
network resources for business purposes.

4. University policy may be violated through peer-to-peer file sharing activities

Birmingham City University’s Copyright & File Sharing Policy prohibits the use of its computer
network and internet connections for the downloading, sharing or distribution of copyrighted
material; be it in the form of music, films, software or other electronic content. Failure to adhere to
this requirement would be a clear breach of the policy and may result in both legal action through
the associated copyright agencies, in addition to disciplinary measures enforced by the university.

The university has taken a balanced approach to peer-to-peer file sharing to ensure adequate
security, whilst not unduly inconveniencing users who are using this type of technology legitimately.
It is currently therefore Birmingham City University’s policy not to block peer-to-peer file sharing
applications, however the university reserves the right to do so in the future.

Through the implementation of technology based control measures the university will endeavour to
limit any negative effects of peer-to-peer file sharing. This will include the monitoring of traffic
where there is concerns over legitimate usage of university bandwidth and resources, and apply
bandwidth limiting controls where necessary.

There may be occasions when a user has unintentionally visited a web site or online resource
hosting such peer-to-peer services. As a result the university has decided that raising of user
awareness in such instances should be undertaken to promote the risks involved. When users of
the university network attempt to access resources hosting peer-to-peer file sharing content they
will be presented with a challenge page. This will inform the user of their obligations around
copyright material through a link to this policy, and additionally provide the option to continue (with
notification of activity being logged), or to not proceed in accessing the resource in question.

Policy Reference: P0005, IT Security Manager, March 2016


Version: 1.0
Classification: Public

Page 2 of 4
5. Advice on how to comply with copyright law

The easiest way to ensure compliance with the copyright law is to simply avoid installing peer-to-
peer applications on your computer or device. These applications have a tendency to start running
by default on installation, which the user may not be aware of initially. As a result they can easily
be overlooked, and as a result user data shared unintentionally.

Although the University network may appear to provide attractive amounts of available bandwidth
for file sharing activities users should be aware that both the internal and internet connections may
be subject to be monitoring where there is a belief that there may be illegal activity being
undertaken?

If you have intentionally or otherwise downloaded or shared copyrighted material and received a
copyright notification on behalf of the copyright owner the following web resource provides some
useful guidelines on ‘what to do now’, and ‘how do I know what is and isn’t legal’

6. Legal online digital services

There are a number of online resources including the Content Map Project which is designed to
showcase available legal services for accessing films, TV, Music, Games, eBooks and Sports.

7. Disciplinary measures

You agree to abide by the Policy for Use of Computer Systems & Networks at Birmingham City
University and Janet’s Acceptable Use Policy (AUP). Failure to comply with these policies will result
in action being taken under the Birmingham City University Staff or Student Disciplinary Processes.

8. Definitions

P2P – Peer-to-peer file sharing is a technology used to download and share and electronic file
content across networks.

AUP – An Acceptable Use Policy defines the set of rules in which a network, system or service may
be used and sets the guidelines on this this is achieved.

Bandwidth throttling – Is the intentional slowing of targeted network or internet based traffic to
preserve overall traffic activity, which may otherwise be impeded by bandwidth consumption of an
individual’s usage, or application type.

Policy Reference: P0005, IT Security Manager, March 2016


Version: 1.0
Classification: Public

Page 3 of 4
9. Exceptions

There are currently no policy exceptions, however any queries related to the policy may be
forwarded to the IT Security Manager at itsecurityhelp@bcu.ac.uk

10. Related Policies & Resources

Janet acceptable use policy. https://community.jisc.ac.uk/library/acceptable-use-policy

UK Copyright Law fact sheet: https://www.copyrightservice.co.uk/ukcs/docs/edupack.pdf

Digital Economy Act 2010: http://www.legislation.gov.uk/ukpga/2010/24/contents

Respect Copyrights: http://www.respectcopyrights.org/

11. Policy Review

This policy will be reviewed on an annual basis, or if there is a change in legal or other business
related requirement.

Review Date Description Reviewer


02/03/2017 Copyright File Sharing Policy IT Security Manager

12. Document History

Version Date Description Authors


02/03/2016 Copyright File Sharing Policy version 1.0 IT Security Manager
Policy approved and accepted, by
22/03/2016 UEG approval
University Executive Group (UEG)

Policy Reference: P0005, IT Security Manager, March 2016


Version: 1.0
Classification: Public

Page 4 of 4
1

Birmingham City University

Credit and Refund Policy – effective from 2017/18

1. Introduction

This policy sets out how the University calculates refunds and reductions to fees for students who
have enrolled on a course or programme of study.

The policy also provides guidance for:

• Dealing with fee waivers or bursary payments that may require cancellation or
withdrawal after they have been given
• Cases where the University does not pay fee waivers or bursaries
• Credit and refund requests for non-tuition fees
• Credit and refund requests made by commercial and non-student customers

2. Tuition Fee Refunds and Charges

You should tell your faculty as soon as possible and before the start of term if applicable/possible, if
you wish to claim a reduction or cancellation of tuition fees, or a refund of payments for the
following reasons:

• Leaving the course without completing the full study programme


• Not starting or attempting the course or programme
• Interrupting your study
• Returning from an interruption of study
• Withdrawing from your course
• Transferring to another programme within the University
• Transferring to another university or teaching establishment

The University will tell you if you are eligible for a refund and calculate your refund or your continuing
fees.

There may be cases where circumstances are beyond your control; these are known as ‘extenuating
circumstances’. If you believe you have extenuating circumstances your request in writing together
with any supporting documentation needs to be sent to your faculty or the department providing the
service.

For details of the university’s charges, please refer to Appendix A: Credit and Charging Matrix, also
available via the following link: https://icity.bcu.ac.uk/Finance/Accounts-Receivable
2

When is a refund due?

• If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is
normally applicable following acceptance of the offer and again following enrolment. Unless the
course has already started (see below), any tuition fees and deposits already paid will be
returned in full.

• Where the course has already started prior to the student cancelling within the 14 day cooling
off period referred to above, the University will provide a refund but the student will be liable
to pay a proportion of the tuition fees on a pro rata basis to cover the period from the start of
the course to the date of cancellation which will be deducted from the refund provided.

• If a student withdraws from a course within two weeks of the course start date the University
will cancel all tuition fees in full and will return any fees paid (including any deposit) in advance
to the person or organisation that originally made the payment (This does not apply to students
studying modular courses (see 3.7 below).

• Where a student withdraws from a course and it is outside the above 14 day cooling off period
or the 2 weeks after the course start date then the amount of refund will depend on the point
at which the withdrawal is recorded on the students account (see term dates and refund
categories below).

• A full refund is given if the University cancels the chosen course of study and cannot offer a
suitable alternative.

• Where exceptional circumstances apply which as a matter of fairness, require the University to
refund all or part of the tuition fees paid.

As set out above, the University will refund the tuition fee deposit where an applicant cancels within
the 14 day cooling off period. The University will also refund an applicant’s tuition fee deposit
where the reason for not taking up the accepted place on the University programme is deemed by
the University in its absolute discretion to be genuine and outside of the applicant’s control, such as
in the following circumstances:

• For International students where a student visa application is rejected in writing by the
Embassy/High Commission, subject to the provisions relating to fraudulent applications below.
Should a visa application be rejected, the University requires the applicant to provide:
- A request in writing for a refund
- A copy of the full Visa Rejection Notification from the High Commission

• Where the applicant fails to meet the University’s academic entry requirements

• Where there are exceptional circumstances beyond the applicant’s control such as illness or
death of an immediate member of family
3

An application for this type of refund must be supported by Certified Documents such as a
Doctor’s certificate and / or relevant documents verifying the situation. Decisions regarding
exceptional circumstance refunds are at the discretion of the Head of Admissions and
Conversion in the International Office for the International students.

• In the event of a default by the University due to the following circumstances:


- when the University does not offer a course on the advertised start date
- when the University terminates a course after the course start date and before the
course completion date
- when the University does not provide a course as advertised, due to circumstances
beyond its control

In order to protect the interests of genuine students and the University, refunds will not be given in
the following circumstances:

• For International students, once the applicant/student has arrived in the UK or after the
commencement date of the course, save as where the University considers in its absolute
discretion for exceptional circumstances to be applicable.

• For International students, if the UKVI has cancelled a visa as a result of a breach of visa
conditions, or if a visa application is refused by the UKVI because the UKVI concluded that the
application was made using falsified documents.

• Similarly, for International students where the UKVI or the University has determined that
fraudulent documents are used or submitted at any other stage of the process including at the
time of application or enrolment.

Any requests for refunds for International students should be sent to Nicola Lawley, Head of
Admissions and Conversion, International Office, nicola.lawley@bcu.ac.uk.

Any requests for refunds from home/EU students should send their claims for a refund to their
relevant faculty for initial approval and in line with its obligations under UK Money Laundering
legislation the University is unable to make any refunds in cash. The University also reserves the right
to refuse or reject any financial transaction where the University are unable to identify or trace the
origin of the payment made.

Please note that if the University needs to make a refund the University will return funds to the
person or organisation that originally made the payment. This means that student fees paid by
sponsors, parents or any other individual (apart from the student) cannot be refunded to the
student. Unless there are exceptional circumstances.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

In line with its obligations under UK Money Laundering legislation the University is unable to make
any refunds in cash. The University also reserves the right to refuse or reject any financial transaction
where the University are unable to identify or trace the origin of the payment made. Refunds will be
processed within 30 days of Finance receiving the request. Please note the University can only make
4

refunds to the person or organisation that originally made the payment unless there are exceptional
circumstances.

2.1 The no charge rule for tuition fees

If you withdraw from the course within two weeks of the course start date the University will cancel
all tuition fees in full and will return any fees paid in advance to the person who originally paid.

This does not apply to students studying modular courses (see 3.7 below).

2.2 Cancelling the contract within the 14 day cooling off period

If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is normally
applicable following acceptance of the offer and again following enrolment, unless the course has
already started (see below), any tuition fees and deposits already paid will be returned in full.

Where the course has already started prior to the student cancelling within the 14 day cooling off
period referred to above, the University will provide a refund but the student will be liable to pay a
proportion of the tuition fees on a pro rata basis to cover the period from the start of the course to
the date of cancellation which will be deducted from the refund provided.

3 Term Dates and Refund Categories

The University will confirm if you are eligible for a refund and calculate your refund based on when
you withdraw from the course during the academic year.

The actual start dates for studies will vary across the University depending on the length and teaching
programme in line with the academic calendar for the course or programme. The faculty delivering
the study programme will confirm the term dates and the level of tuition fees applicable. These details
can be found on the individual course pages on the University’s website
at https://www.bcu.ac.uk/courses.

The table below sets out the cut off periods for each term for charging purposes. Term dates are based
on the first working day of a new term. Any date prior to that first working day is treated as the
previous term for the purposes of cut off periods.
5

Table 1

September 2017 Intake Term Dates for charging purposes

Term 1 Course start date up to 31.12.2017

Term 2 01.01.2018 up to 31.03.2018

Term 3 01.04.2018 up to 31.07.2018

January 2018 Intake Term Dates for charging purposes

Term 1 Course start date up to 31.03.2018

Term 2 01.04.2018 up to 31.07.2018

Term 3 Course start date up to 31.12.2018

3.1 Further Education and Undergraduate Level Students (Home and EU)

Please see the categories set out below.

• FE - Further Education aimed generally at 16-18 year old students or any course that carries
accreditation below or leading up to undergraduate level.
• Undergraduate level – all students charged at home fee status, therefore excluding any fees
charged as international status.
• Postgraduate Level – courses that are registered for SLC funding only.
• ELQ – Equivalent Learning Qualification, where a student studies at an undergraduate level
and already has a qualification at the same level.

If you are studying at undergraduate level the University will charge you in line with its standard term
dates regardless of funding source or who is paying your fees, which are set out in table 2 below.

Table 2

This table applies to Student Loan Company (SLC) funded students only

Term one Term two Term three

SLC Liability and Funding Periods Course start date 01/01/2018 01/04/2018
September 2017 Intake

SLC Liability and Funding Periods Course start date 01/04/2018 01/07/2018

January 2018 Intake


6

The above does not apply to you if you are:


• on a modular course (see item 3.7)
• taking a short course (see item 3.6)

Table 3
This table applies to a Standard undergraduate taught period and confirms the amount of tuition
fees that students must pay if they withdraw, interrupt or transfer on or after the first working
day of a new term. Any date prior to that first working day is treated as the previous term.

Term one Term two Term three

Amount of tuition fees 25% of fees to 50% of fees 100% of fees


pay to pay to pay

For example, if you withdraw during term two, you will have to pay 50% of your tuition fees.

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:
• If you are self-funding paying directly or via a parent or guardian to the University.
• Students who have applied for and secured full or partial funding via the Student Loan Co
(SLC), including those studying at postgraduate level where funding is confirmed.
• If you are a sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.

3.2 Postgraduate and Professional Level Students (Home and EU)

If you are studying a course at postgraduate level regardless of who is paying your tuition fees, the
University will charge you in line with our standard term dates that are published. See Table 1 above
for a standard 33 or 48 week taught period

Table 4

Term one Term two Term three

Amount of tuition fees 33% of fees 66% of fee to 100% of fees


to pay pay to pay
7

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:

• If you are Self-funding paying directly or via a parent or guardian to the University.
• If you are a Sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.
• If you are a SLC funded postgraduate student, the University will charge you in line with Table
1.

This rule does not apply if you are:

• on a modular course (see item 3.7)


• on a short courses (see item 3.6)

3.3 International Students

If you are an international student the University will charge you an international fee each term in line
with your course delivery as decided by the faculty providing the course or study programme. The
dates in Table 1 are for guidance only based on our standard academic calendar. Where there are
variations from these dates, the faculty delivering the study programme will confirm the fees payable
based on the actual date of the change in study in line with their academic calendar for the course or
programme. See table 5 for a standard 33 or 48 week taught period.

Table 5

Term one Term two Term three

Amount of tuition fees 33% of fees 66% of fees 100% of full


to pay to pay fees to pay

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:
• If you are self-funding paying directly or via a parent or guardian to the University.
• If you are a sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.

This rule does not apply if you are:


• on a modular course (see item 3.7)
• on a short courses (see item 3.6)
8

3.4 Research Students

3.4.1 New or Continuing Research Students (Non-Final Year)

Research degree students may enrol in September or February (or, extraordinarily, in May) each
academic year. Study is research rather than attendance based so the exact date when you withdraw
can be difficult to calculate. In order to allow a fair and practical solution, the University will calculate
the amount of fees you have to pay and whether you are entitled to a credit / refund on a pro rata
basis depending on the actual date you withdraw, interrupt or transfer your study programme, using
the table below.
9

Table 6

Study Change Study Change Study Change


Occurs Fee Liability Occurs Fee Liability Occurs Fee Liability

Within 2 weeks No Fees Within 2 weeks Within 2 weeks of


No Fees Due No Fees Due
of course start Due of course start course start

01/09/2017 to 01/02/2018 to 01/05/2018 to


25% of fees 25% of fees 25% of fees
30/11/2017 30/04/2018 31/07/2018
Start Date Start Date Start Date
01/12/2017 to 01/05/2018 to 01/08/2018 to
Sept 2017 50% of fees Feb 2018 50% of fees May 2018 50% of fees
28/02/2018 31/07/2018 31/10/2018

01/03/2018 to 01/08/2018 to 01/11/2018 to


75% of fees 75% of fees 75% of fees
31/05/2018 31/10/2018 31/01/2019

01/06/2018 to 01/11/2018 to 01/02/ 2019 to


100% of fees 100% of fees 100% of fees
31/08/2018 31/01/2019 30/04/2019
10

3.5 Externally Funded and Full Cost Courses

3.5.1 Externally Funded

For those courses where the University must follow the fee payment terms and charging policies
imposed by an external organisation (e.g. the Law Society) as a condition of running that course, the
University will charge you in line with the external organisation’s regulations. In such cases, those
regulations will override this policy and the University will use the regulations to confirm the amount
payable.

3.6 Students on Short Courses

These are courses which do not give an award or courses that do not run longer than 15 weeks.
Save as in exceptional circumstances, the University does not consider a full credit or refund in the
following circumstances:

 Save as when 2.2 applies, if the course has started and you have taken part or started
studying.
 If the University cannot recover the costs the University have incurred preparing for the
course.

The faculty or department delivering the programme must confirm instances where credits and
refunds may apply; the budget holder responsible for course provision will be responsible for advising
the Accounts Receivable Manager of instances where it is appropriate to cancel fees. The University
will deduct any administration fees or overheads reasonably incurred by the University from the credit
or refund due.

3.7 Students on Modular Courses

If you are charged on a module by module basis (including students on a distance learning course),
the rules below apply for charging, cancellations and refunds. Please note: the Two Week No-Charge
Rule will not apply to you, as detailed in item 2.1.

If you withdraw after a module start date and you have attended, engaged or taken part in the module
in any way, you must pay in full for the module and will not be eligible for a refund or cancellation
save as in respect of the refund set out at 2.2 above where applicable

If you withdraw before a module start date or you have not attended, engaged or taken part in the
module in any way, the University will cancel the module charge in full and you will be eligible for a
refund if you have already paid us.

If you deselect a before a module start date and you have not attended, engaged or taken part in the
module in any way, the University will cancel the module in full and you will be eligible for a refund if
you have already paid us.

3.8 Distance Learning

If you are studying a University distance learning course or programme, the University will charge you
on a module by module basis as stated in item 3.
11

If you are studying by distance learning and need to pay a block fee assessment, the University will
charge you as follows: All durations of study where Block Fee assessment takes place (not module
based charges)

Table 7 Term one Term two Term three

Start date Start date Start date

Amount of tuition fees 33% of fee 66% of fee 100% of fee


liability liability liability

4. Registration, Residential and Other Tuition Related Fees

4.1 Registration Fees

For courses where the University must follow an external organisation’s fee payment or registration
requirements, the external body will be responsible for cancellations or refunds. If you withdraw or
take an interruption of study from a course, you will have to pay registration fees and these are non-
refundable.

4.2 Residential and Other Course Fees

Subject to 2.2 above, if you withdraw or interrupt a study programme which involves a residential, the
University will only refund your residential fees if you withdraw before the residential trip has taken
place.

You are not eligible for a refund of residential fees once a residential has taken place. The University
will charge you for any costs the University incurs if you cancel.

Your faculty should forward refunds for other fees to the Accounts Receivable Manager once they
have been approved by the Executive Dean or approved nominee.

5. Returning from an Interruption to Study or Resuming a Course or Study programme

If you are temporally interrupting your studies you may still be entitled to a credit or a refund but
the credit or refund will remain on your account until you return.

So if you are returning from a temporary interruption to continue the remaining year of your course
or programme within the same academic or a subsequent academic year the retained balance of
monies paid will be reapplied to any outstanding balance of fees charged on your return. The fees
charged will be those fees that are applicable when you return.

Please note the University will charge you at the fee rate applicable for the year in which the
interruption occurred.
12

If you return and re-take any study previously delivered, or repeat any aspects of the course or
programme already undertaken, the faculty reserves the right to re-charge any elements already
delivered that you choose to re-take or need to re-take in order to complete the course. This may
result in an increase to overall cost of the original course or programme, if repeat study is necessary
for course completion or revision purposes.

6. Transferring Study

6.1 Transferring within Birmingham City University

If you transfer during the academic year the University will charge you in line with the terms set out
in item 3, as applicable depending on the student and study type. The University will calculate
charges for the amount due based on the time spent on each course and when the transfer takes
place.

6.2 Transferring into Birmingham City University from another University

If you are receiving funding from SLC, the University will calculate your fees at the point at which you
join the University in line with the term dates in Table 2.

The previous institution who claimed the original payment will keep any SLC fees paid to them before
your transfer to us. Any fees paid to a previous institution (excluding SLC funding), are subject to the
terms and conditions for charging and refunds of the previous institution; therefore you should discuss
such claims directly with the original institution. The University will charge fees for the course or study
programme as standard unless otherwise agreed by the faculty.

6.3 Transferring from Birmingham City University to another institution


If you are transferring to another institution the University will charge you for withdrawing from your
course in line with the terms set out in item 3. The University will keep any fees paid including SLC
funding to cover your charges due to us up to the point of transfer.

7. Fee Waivers, Bursaries and Discounts

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

For details and clarification of when awards, bursaries or fee waivers will or will not be reversed,
please refer to Appendix A: Credit and Charging Matrix.

8. Student Fees and Charges - Non Tuition / Other Fees

The relevant budget holder or approved nominee in the faculty or department that provided or
intended to provide the service or goods will consider requests for the cancellation of non-tuition
fee income or the return of pre-payments. To include, for example:
13

• Accommodation fees
• Library fines and fees
• Car parking
• Printing, stationery and materials
• Payments made because of award ceremonies, fees, charges, certificates or transcripts.
• Tickets to events, seminars, external functions or third party items whether directly or
indirectly arranged by us will be subject to the terms and conditions detailed at the time of
booking by the service provider. The University accept no liability for any losses or costs
incurred as a result of third party failure.
• Commercial services, products, contracts, funding or any other income due to, or received
by us.

All refunds must be authorised by the area of the University submitting the request. Accounts
Receivable will not action a refund if they are unable to identify that a legitimate refund is due. (i.e.
an overpayment is on the account or the student has withdrawn within the two week period allowed).

9. Refunds

The University considers and issue refunds on a case by case basis using the following criteria and in
line with Money Laundering regulations.

9.1 Money Laundering Regulations

The University will follow the recommendations and guidance provided in the Money Laundering
Regulations and will notify the Serious Organised Crime Agency (SOCA) if the University suspects any
suspicious activities or fraudulent transactions.

9.2 Students or Customers in debt to the University

The University reserves the right to deduct overdue fees or charges which you have not paid from
any refund due to you. Where this is the case the University will use the refund to pay the oldest
unpaid debts first; the University will refund the remainder to you in line with the following rules.

9.3 Minimum Refund Value

The University will not normally consider refunds for values of less than £10.00 as the cost of
processing a refund.

9.4 Return to Payer

The University issue refunds to the person who originally paid, this includes third party payments
made on behalf of a student or customer. If this is not possible, the University will consider an
alternative refund provided you let us have written authorisation and supporting evidence to
confirm the relationship between the original payer, the student or customer and person who is
receiving the refund.
14

9.5 Method of Refund

The University will process refunds via the original source of payment (excluding cash transactions) in
line with Money Laundering Regulations. If this is not possible or if you originally paid in cash, our
preferred method of issuing refunds is via BACS. In exceptional circumstances the University may
consider alternative refund methods (for example CHAPS or SWIFT payments). The University will take
off any reasonable administration or handling charges incurred by us, from the refund due.

If you paid via debit or credit cards, online to the University’s bank, via an online payment provider,
or by bank transfer the University will refund you using the original method and to the original source.

9.6 Refund Currency

The University issue refunds in GBP £ Sterling but will consider requests for payment of refunds in
other currencies but cannot guarantee this. If the University incurs any administration charges the
University will deduct these from the refund due. The university accepts no responsibility for any
shortfall of refunds made that are caused by currency fluctuations or charges applied by the
beneficiary’s bank account. Students are encouraged to make their own enquiries in this regard prior
to requesting the refund.

9.7 Refunds Over £3000

If the refund for an individual is £3000 or higher, the University may need you to complete a signed
authorisation / request form before the University issue the refund. The University may also require
a form of personal identification and an address identification. For example a driving licence, a
passport or a bank account statement.

9.8 International Student Refunds

In line with UK Visas and Immigration regulations, if you are an international student the University
may need you to provide proof of your return flight tickets if you withdraw from a course. If the
University needs this proof, the University will refund you when the University validates this
documentation.

9.9 Refund Authorisation

The University will process all refund requests forwarded to Accounts Receivable from the faculty or
professional service, with supporting documentation appropriately authorised by the relevant budget
holder, in line with the University’s financial rules.

9.10 Collecting refunds in person

No refunds will be made in person.


15

Appendix A: Credit and Charging Matrix Tuition Fees 2017-2018

Student Attendance Course or Self- SLC Credit and Charging Policy – Applied based on when
Sponsor
Category and Fee Type Mode Module Funded Funded Withdrawal / Interruption / Transfer Date occurs:

All Students
Two Week No If takes place within first two weeks of course start date.
ALL Course • • •
Charge Rule No fees chargeable.
All fee types

FE Level Study

Undergraduate Based on 3 SLC Liability periods, if takes place within:


Home students Full Time
Course • • • o Term 1 - 25% charged 75% credited
and fees Part Time
o Term 2 – 50% charged 50% credited
Equivalent o Term 3 – 100% charged zero credited
Learner
Qualifications

Postgraduate
Home students Full Time
Course • •
and fees Part Time Termly charging based on faculty term dates relevant to study /
Professional Level programme if takes place within:

International o Within 1st and last day of term 1 – 1/3rd charged 2/3rds credited
International
students and ALL Course • • o Within 1st and last day of term 2 – 2/3rds charged 1/3rd credited
Students
fees o Within 1st and last day of term 3 – 100% charged zero credited

Distance Learners ALL ALL Course • •


16

Block Fees Only

Research Liability based charging if takes place

ALL ALL ALL o Within Sept to Nov – 25% charged 75% credited
• • o Within Dec to Feb – 50% charged 50% credited
o Within Mar to May – 75% charged 25% credited
o Within June to Aug – 100% charged zero credited
17

Student Attendance Course or Self- SLC Credit and Charging Policy – Applied based on when
Sponsor
Category and Fee Type Mode Module Funded Funded Withdrawal / Interruption / Transfer Date occurs:

Externally Funded Liability and charging policy may be determined by the requirements of
ALL Course • • an external organisation as a condition of running the course, e.g. Law
Courses Society.

Defined as a course no more than 15 weeks long or non-credit bearing.

Short Courses Charged in full, but subject to faculty discretion. NOTE the ‘Two week
ALL ALL Course • no-charge’ rule does not apply to short courses.

Distance Learners All Students

Module • • Where study has commenced regardless of duration, 100% of fees are
All Study Levels payable for each segment or module of study started. The ‘Two week
no-charge’ rule does not apply to module based studies. If the module is
Module Based All Students deselected before the start state, fees may be cancelled or refunded if
Study paid in advance.
ALL Module • •
All Study Levels
18

Attendance Course or Self- Credit Policy – Withdrawal / Interruption / Transfer Date


Student Type SLC Sponsor
Category Mode Module Funded

Registration All Students Where charged separately, (not in included in course fee matrix) these
Residential items are payable in full and non-returnable

Other Fees ALL N/A • • •


All Study Levels

Fee Waiver Credit Policy – Entitlement to receive an award or waiver


Attendance Self-
Student Type or SLC Sponsor
Category Mode Funded if Withdrawal / Interruption / Transfer occurs
Discount

Awards NOT cancelled if course not completed – Liability remains


reduced

o Staff training (internal recharge)


o Discretionary (extenuating)
All Students o Awarded in error by BCU
Fee Waivers o NSP
Bursaries ALL N/A • • •
Discounts Awards WILL be cancelled if course not completed – Liability re-instated
All Study Levels
o Loyalty Awards
o Fee Waivers
o International Office
o Prompt Payment Discounts
o Research awards (non-staff members)
19

Extenuating The option to override all of the above based on extenuating


Circumstances ALL ALL • • • • circumstances, proposed by faculty, approved by Accounts Receivable
Manager
20

Birmingham City University


Debt Management and Sanctions Policy – effective from 2017/18

1. Introduction

This policy sets out the process that Birmingham City University (the University) will follow if students
and customers do not pay their fees or charges due to the University, in line with the payment terms
detailed in the Fee Payment Policy 2017/18.

It applies to all applicants, students, ex-students and customers of the University, including those who
are currently enrolled and those who have accepted a place and intend to enrol.

A customer includes any student, individual, company, partnership or organisation that can potentially
have outstanding fees or charges owed to the University.

This policy reflects the University’s commitment to helping our students manage their money and
avoid getting into financial difficulties.

What is a debt?

A debt includes any money owed to the University or one of its subsidiaries for unpaid fees or charges
owed for services or products provided by the University, our subsidiaries, staff, approved
representatives or agents appointed and instructed by the University.

Types of debt

Debt owed to the University can include the following

• Debts owed by students


• Commercial debt

2. Debts owed by students

A student is ultimately liable for a debt until the debt is fully cleared.

If a 3rd party sponsor is paying on behalf of the student then the debt is a commercial debt but the
student will always be liable for any unpaid balance.

If the student’s tuition fees are being funded by the Students Loan Company (SLC), then the student
will be responsible for any fees that remain outstanding.

Where a student becomes liable for a debt owed, the balance owed is referred to as a Self-Funded
student debt.
21

The University will try to recover all Self-Funded student debt owed to the University in line with the
payment terms in the Tuition Fee Payment Policies 2017/18, which can be downloaded from the
following link:

http://www.bcu.ac.uk/about-us/corporate-information/policies-and-procedures/finance-policies

The University or agents acting on our behalf will tell the student:

• how much they owe


• how, when and where a student can pay
• which University services are restricted as a result of an outstanding debt
• how much a student will be charged as a result of the debt

The University will give a student every opportunity to pay what is owed by providing reasonable
timescales for payment and sending at least 2 reminders to students before any action is taken or
sanctions applied.

The University will apply this policy equally and consistently to all students and customers who do not
pay in line with the agreed payment terms. The University applies sanctions proportionately and only
as a last resort - the University will review all debts on a case by case and will ensure it has made all
reasonable attempts to obtain payment before applying sanctions including the restriction of access
to the University and its services.

Where necessary the University reserves the right to appoint solicitors, debt collection agents and
external organisations to recover the debt on behalf of the University via legal proceedings. The
University or its agent will seek recovery of the reasonable costs it has incurred in recovering the
debt.

IMPORTANT - If the University has attempted to recover debts owed by students and has failed,
subject to the type of debt outstanding, the University reserves the right to withdraw or suspend
services and support, apply restrictions to accounts, suspend or prevent enrolment and/or future
trading. In respect of tuition fee debts/instalments/deposits potentially students will be unable to
access University buildings, log onto their University account or attend classes. Please see the full
details set out at 2.1 below.

These restrictions may affect all or part of the service(s) provided by the University which will continue
until a student has paid all of their debt or has agreed a payment arrangement to clear all of their
debt. Restrictions or sanctions applied are dependent on the type of debt a student owes.

Self-Funded student debt can be considered as any of the following:-

• Tuition fees
• Accommodation fees
• Library fees
• Other student related fees
22

2.1 Self-Funded student tuition debt – When can a full restriction be applied?

A minimum of 2 warnings will always be issued to students prior to any restrictions being applied to
their accounts.

If a student is responsible for the payment of their tuition fees, has opted to pay those fees in full and
does not pay them after 30 days after the start of the course, then the University will apply a full
restriction to the services available to a student. If a student continues not to pay or arrange an
approved payment plan, the University reserves the right to fully exclude a student from their
programme, course, module or section of study.

If a student has enrolled on a programme, course, module or section of study and has not confirmed
how they intend to pay their tuition fees within 30 days of the course starting, then the University
reserves the right to restrict their access to all University services.

If an international student has not paid the required 50% deposit within 30 days of the course
starting, then restrictions will be applied to the students account.

If the student has opted to pay by instalments then restrictions will be applied after 30 days of the
course starting if the required deposit has not been paid.

Where a student has opted to pay by instalments and there is a failed instalment then sanctions will
be applied after 30 days of the instalment remaining overdue.

Any restrictions or sanctions applied will remain in place until fees have either been paid in full and
cleared funds are in the University’s bank account or a student has entered into a formally approved
payment plan.

A full list of the services a student would be restricted from for non-payment of tuition fees/deposits
are as follows:

• Excluded from all aspects of course, programme, module, project or study of any kind
• No access to tutorials or any method of teaching support
• No research permitted, no thesis or work will be accepted for assessment
• No IT access
• No Library borrowing
• No confirmation in writing of Results, Certificates, Awards & Transcripts
• No invitation to awards ceremonies
• No attendance or participation in awards ceremonies
• No re-enrolment
• Written results from exam / assessment boards delayed
• Validation of attendance or student status withheld
• References and written evidence of achievements or studies withheld
• No visa, UKVI endorsement and applications or CAS requests will be provided or supported (if
applicable)
• No arrangement, supervision or validation of placements
23

For international students it is important to note the following

If a student is studying with a Tier 4 student visa application and has not paid their tuition fees, the
University is required to inform UK Visas and Immigration. This will have serious consequences for
their ability to remain in the UK. The University reserves the right to do this where a student has
not paid in full or has not entered into a formally approved payment plan.

2.2 Self-Funded Non Tuition student debt: part restrictions and sanctions applied

Non tuition student debt includes Accommodation, Library and any other non-tuition student debt.

If a debt remains outstanding then where necessary, after 30 days and at least 2 reminders the
University will withdraw access to the service from which the debt arises, until payment is made or
an approved payment plan is agreed.

2.2.1 Accommodation fees and related charges

If a student has not paid their accommodation charges in full and in line with the payment terms
specified in the Licence Agreement 2017/18 and the Accommodation Finance Information 2017/18
guide, the University reserves the right to terminate the agreement and to start legal proceedings to
recover fees owed to the University, at any point during the academic year that fees become overdue.
This will result in the student being removed from University accommodation.

Full details of the Accommodation Finance Information and Licence Agreement 2017/18 are
available via http://www.bcu.ac.uk/student-info/accommodation/faqs

The University will provide a student with every opportunity to pay what they owe us. If a student
does not pay, the University reserves the right to seek advice, talk to and appoint solicitors, debt
collection agents and external organisations to recover the debt.

2.2.2. Library charges and fines

If a student does not return materials the University will invoice a student for the cost of replacement
materials and the University will apply a fine if a student returns materials late. If a student uses the
University’s library services and materials, a student must comply with the terms and conditions
contained within the Library Rules and Regulations.

Further information is available from Library and Learning Resources at: http://library.bcu.ac.uk/

If a student does not pay their library fees the University will restrict their access to University library
services.
24

2.2.3. Other Student Debt

If a student incurs any debts for services or products which the University provides that do not directly
relate to tuition, accommodation or library fees, a student must pay their debts in full within 30 days
of the invoice date unless otherwise specified. If these items are not paid, the University reserves the
right to appoint solicitors, debt collection agents and external organisations to recover the debt.

3. Commercial debt

Commercial debt includes all non-student related debt owed to the University or its subsidiaries in
respect of unpaid fees or charges owed for services or products provided by the University its
subsidiaries, staff, approved representatives or agents appointed and instructed by us.

Payment is due 30 days from the date of the invoice; if customers do not pay the outstanding balance
of fees, the University will seek to recover the debt owed. If the University is forced to initiate legal
proceedings, the University will seek to recover statutory interest on the judgement and payment of
its legal costs.

If a commercial debt is owed in relation to a student’s tuition or accommodation fees then the
student will be liable for any unpaid balance. When the debt is outstanding for over 90 days, the
University will invoice the student directly and the relevant sanctions will be applied.

Prior to signing a contract or agreement the University may require a credit check to ensure the
financial stability of new customers and highlight any potential risks.

Any requests for credit checks should be forwarded to the Accounts Receivable Manager within
Finance.

4. Ways to pay

If restrictions, sanctions or penalties are applied, they will not be removed until all fees have been
settled in full, or the University has agreed a payment arrangement with the student. Access will be
restored by the next working day on receipt of cleared funds or following agreement of a payment
plan. If the University has applied sanctions or penalties to a student the University will not accept
personal cheques as a method of payment.

The University will accept the following payment methods:

a) Payment in person at one of our ASK desks by cash, debit or credit card
b) Online payment by debit card or credit card
c) Via a BACS or bank transfers, including SWIFT or CHAPS payments
d) Payment by direct debit or by a recurring card payment

The University’s bank details, address and telephone numbers, and the location and opening hours
for paying in person are set out below.
25

Where access to the University’s services have been restricted meaning you are unable to access
the buildings above, you will need to pay online via the link below or contact the ASK Helpdesk by
telephone to arrange for payment.

Online A student can pay online at http://www.bcu.ac.uk/student-info/finance-


and-money-matters/payments

The University accept most major debit and credit cards.

By telephone ASK Student enquiry service on 0121 331 7777

In person Curzon Building (City Centre Campus 8am to 8pm)


Baker Building (City North Campus 9am to 5pm) *
Mary Seacole Building (City South Campus 8am to 8pm)
*No cash

By Bank Transfer Payment from their bank to Birmingham City University must be in UK
Pounds Sterling quoting their account number (Student Identification
number) and/or invoice number.

NatWest
Birmingham City Centre Branch
1 St Philips Place, Birmingham B3 2PP

Account name Birmingham City University


Account number 78069467
Sort code 60 02 35
IBAN GB36 NWBK 6002 3578 0694 67 (International Bank Account Number)
BIC NWBK GB 2L

Please include their name, student number (if a student has one), amount
and date

5. Where to get help and advice

If a student requires any help in understanding how this Policy affects them, or if they need to make
the University aware of any reasonable adjustments to meet the requirements of this policy or has
any other questions they should contact the ASK student enquiry service by phoning 0121 331 7777,
or online at www.icity.bcu.ac.uk/ask , or in person at

• Curzon Building (City Centre Campus)


• Baker Building (City North Campus)
• Mary Seacole Building (City South Campus)
26

Students can also contact the Finance and Money Matters Team which is part of Student services,
more information on the support available can be found at: http://www.bcu.ac.uk/student-
info/finance-and-money-matters
Birmingham City University
Debt Management and Sanctions Policy – effective from 2017/18

1. Introduction

This policy sets out the process that Birmingham City University (the University) will follow if students
and customers do not pay their fees or charges due to the University, in line with the payment terms
detailed in the Fee Payment Policy 2017/18.

It applies to all applicants, students, ex-students and customers of the University, including those who
are currently enrolled and those who have accepted a place and intend to enrol.

A customer includes any student, individual, company, partnership or organisation that can potentially
have outstanding fees or charges owed to the University.

This policy reflects the University’s commitment to helping our students manage their money and
avoid getting into financial difficulties.

What is a debt?

A debt includes any money owed to the University or one of its subsidiaries for unpaid fees or charges
owed for services or products provided by the University, our subsidiaries, staff, approved
representatives or agents appointed and instructed by the University.

Types of debt

Debt owed to the University can include the following

• Debts owed by students


• Commercial debt

2. Debts owed by students

A student is ultimately liable for a debt until the debt is fully cleared.

If a 3rd party sponsor is paying on behalf of the student then the debt is a commercial debt but the
student will always be liable for any unpaid balance.

If the student’s tuition fees are being funded by the Students Loan Company (SLC), then the student
will be responsible for any fees that remain outstanding.

Where a student becomes liable for a debt owed, the balance owed is referred to as a Self-Funded
student debt.
The University will try to recover all Self-Funded student debt owed to the University in line with the
payment terms in the Tuition Fee Payment Policies 2017/18, which can be downloaded from the
following link:

http://www.bcu.ac.uk/about-us/corporate-information/policies-and-procedures/finance-policies

The University or agents acting on our behalf will tell the student:

• how much they owe


• how, when and where a student can pay
• which University services are restricted as a result of an outstanding debt
• how much a student will be charged as a result of the debt

The University will give a student every opportunity to pay what is owed by providing reasonable
timescales for payment and sending at least 2 reminders to students before any action is taken or
sanctions applied.

The University will apply this policy equally and consistently to all students and customers who do not
pay in line with the agreed payment terms. The University applies sanctions proportionately and only
as a last resort - the University will review all debts on a case by case and will ensure it has made all
reasonable attempts to obtain payment before applying sanctions including the restriction of access
to the University and its services.

Where necessary the University reserves the right to appoint solicitors, debt collection agents and
external organisations to recover the debt on behalf of the University via legal proceedings. The
University or its agent will seek recovery of the reasonable costs it has incurred in recovering the
debt.

IMPORTANT - If the University has attempted to recover debts owed by students and has failed,
subject to the type of debt outstanding, the University reserves the right to withdraw or suspend
services and support, apply restrictions to accounts, suspend or prevent enrolment and/or future
trading. In respect of tuition fee debts/instalments/deposits potentially students will be unable to
access University buildings, log onto their University account or attend classes. Please see the full
details set out at 2.1 below.

These restrictions may affect all or part of the service(s) provided by the University which will continue
until a student has paid all of their debt or has agreed a payment arrangement to clear all of their
debt. Restrictions or sanctions applied are dependent on the type of debt a student owes.

Self-Funded student debt can be considered as any of the following:-

• Tuition fees
• Accommodation fees
• Library fees
• Other student related fees
2.1 Self-Funded student tuition debt – When can a full restriction be applied?

A minimum of 2 warnings will always be issued to students prior to any restrictions being applied to
their accounts.

If a student is responsible for the payment of their tuition fees, has opted to pay those fees in full and
does not pay them after 30 days after the start of the course, then the University will apply a full
restriction to the services available to a student. If a student continues not to pay or arrange an
approved payment plan, the University reserves the right to fully exclude a student from their
programme, course, module or section of study.

If a student has enrolled on a programme, course, module or section of study and has not confirmed
how they intend to pay their tuition fees within 30 days of the course starting, then the University
reserves the right to restrict their access to all University services.

If an international student has not paid the required 50% deposit within 30 days of the course
starting, then restrictions will be applied to the students account.

If the student has opted to pay by instalments then restrictions will be applied after 30 days of the
course starting if the required deposit has not been paid.

Where a student has opted to pay by instalments and there is a failed instalment then sanctions will
be applied after 30 days of the instalment remaining overdue.

Any restrictions or sanctions applied will remain in place until fees have either been paid in full and
cleared funds are in the University’s bank account or a student has entered into a formally approved
payment plan.

A full list of the services a student would be restricted from for non-payment of tuition fees/deposits
are as follows:

• Excluded from all aspects of course, programme, module, project or study of any kind
• No access to tutorials or any method of teaching support
• No research permitted, no thesis or work will be accepted for assessment
• No IT access
• No Library borrowing
• No confirmation in writing of Results, Certificates, Awards & Transcripts
• No invitation to awards ceremonies
• No attendance or participation in awards ceremonies
• No re-enrolment
• Written results from exam / assessment boards delayed
• Validation of attendance or student status withheld
• References and written evidence of achievements or studies withheld
• No visa, UKVI endorsement and applications or CAS requests will be provided or supported (if
applicable)
• No arrangement, supervision or validation of placements
For international students it is important to note the following

If a student is studying with a Tier 4 student visa application and has not paid their tuition fees, the
University is required to inform UK Visas and Immigration. This will have serious consequences for
their ability to remain in the UK. The University reserves the right to do this where a student has
not paid in full or has not entered into a formally approved payment plan.

2.2 Self-Funded Non Tuition student debt: part restrictions and sanctions applied

Non tuition student debt includes Accommodation, Library and any other non-tuition student debt.

If a debt remains outstanding then where necessary, after 30 days and at least 2 reminders the
University will withdraw access to the service from which the debt arises, until payment is made or
an approved payment plan is agreed.

2.2.1 Accommodation fees and related charges

If a student has not paid their accommodation charges in full and in line with the payment terms
specified in the Licence Agreement 2017/18 and the Accommodation Finance Information 2017/18
guide, the University reserves the right to terminate the agreement and to start legal proceedings to
recover fees owed to the University, at any point during the academic year that fees become overdue.
This will result in the student being removed from University accommodation.

Full details of the Accommodation Finance Information and Licence Agreement 2017/18 are
available via http://www.bcu.ac.uk/student-info/accommodation/faqs

The University will provide a student with every opportunity to pay what they owe us. If a student
does not pay, the University reserves the right to seek advice, talk to and appoint solicitors, debt
collection agents and external organisations to recover the debt.

2.2.2. Library charges and fines

If a student does not return materials the University will invoice a student for the cost of replacement
materials and the University will apply a fine if a student returns materials late. If a student uses the
University’s library services and materials, a student must comply with the terms and conditions
contained within the Library Rules and Regulations.

Further information is available from Library and Learning Resources at: http://library.bcu.ac.uk/

If a student does not pay their library fees the University will restrict their access to University library
services.
2.2.3. Other Student Debt

If a student incurs any debts for services or products which the University provides that do not directly
relate to tuition, accommodation or library fees, a student must pay their debts in full within 30 days
of the invoice date unless otherwise specified. If these items are not paid, the University reserves the
right to appoint solicitors, debt collection agents and external organisations to recover the debt.

3. Commercial debt

Commercial debt includes all non-student related debt owed to the University or its subsidiaries in
respect of unpaid fees or charges owed for services or products provided by the University its
subsidiaries, staff, approved representatives or agents appointed and instructed by us.

Payment is due 30 days from the date of the invoice; if customers do not pay the outstanding balance
of fees, the University will seek to recover the debt owed. If the University is forced to initiate legal
proceedings, the University will seek to recover statutory interest on the judgement and payment of
its legal costs.

If a commercial debt is owed in relation to a student’s tuition or accommodation fees then the
student will be liable for any unpaid balance. When the debt is outstanding for over 90 days, the
University will invoice the student directly and the relevant sanctions will be applied.

Prior to signing a contract or agreement the University may require a credit check to ensure the
financial stability of new customers and highlight any potential risks.

Any requests for credit checks should be forwarded to the Accounts Receivable Manager within
Finance.

4. Ways to pay

If restrictions, sanctions or penalties are applied, they will not be removed until all fees have been
settled in full, or the University has agreed a payment arrangement with the student. Access will be
restored by the next working day on receipt of cleared funds or following agreement of a payment
plan. If the University has applied sanctions or penalties to a student the University will not accept
personal cheques as a method of payment.

The University will accept the following payment methods:

a) Payment in person at one of our ASK desks by cash, debit or credit card
b) Online payment by debit card or credit card
c) Via a BACS or bank transfers, including SWIFT or CHAPS payments
d) Payment by direct debit or by a recurring card payment

The University’s bank details, address and telephone numbers, and the location and opening hours
for paying in person are set out below.
Where access to the University’s services have been restricted meaning you are unable to access
the buildings above, you will need to pay online via the link below or contact the ASK Helpdesk by
telephone to arrange for payment.

Online A student can pay online at http://www.bcu.ac.uk/student-info/finance-


and-money-matters/payments

The University accept most major debit and credit cards.

By telephone ASK Student enquiry service on 0121 331 7777

In person Curzon Building (City Centre Campus 8am to 8pm)


Baker Building (City North Campus 9am to 5pm) *
Mary Seacole Building (City South Campus 8am to 8pm)
*No cash

By Bank Transfer Payment from their bank to Birmingham City University must be in UK
Pounds Sterling quoting their account number (Student Identification
number) and/or invoice number.

NatWest
Birmingham City Centre Branch
1 St Philips Place, Birmingham B3 2PP

Account name Birmingham City University


Account number 78069467
Sort code 60 02 35
IBAN GB36 NWBK 6002 3578 0694 67 (International Bank Account Number)
BIC NWBK GB 2L

Please include their name, student number (if a student has one), amount
and date

5. Where to get help and advice

If a student requires any help in understanding how this Policy affects them, or if they need to make
the University aware of any reasonable adjustments to meet the requirements of this policy or has
any other questions they should contact the ASK student enquiry service by phoning 0121 331 7777,
or online at www.icity.bcu.ac.uk/ask , or in person at

• Curzon Building (City Centre Campus)


• Baker Building (City North Campus)
• Mary Seacole Building (City South Campus)
Students can also contact the Finance and Money Matters Team which is part of Student services,
more information on the support available can be found at: http://www.bcu.ac.uk/student-
info/finance-and-money-matters
Birmingham City University

Student Disciplinary Procedure – Effective from 2017/18


Introduction

This procedure allows us to meet our responsibilities relating to caring for and protecting our
community and others, and to maintain the standards of our awards. It gives us the power to
discipline our students, issue formal warnings and apply suitable penalties where there is a
good reason to do so.

Our aim is to encourage acceptable behaviour and academic practices, and prevent
behaviour which falls short of our expectations. We expect you to behave in a way that does
not disrupt or disturb the learning of others. The procedure is designed to discourage
unacceptable behaviour and make sure everyone is treated fairly by applying appropriate
penalties for unacceptable behaviour. It also encourages improvement by identifying and
agreeing positive actions if your behaviour falls short of the standards we expect. For minor
incidents of poor behaviour we will let you know we are not satisfied with your behaviour and
may put in place a formal action plan. For poor behaviour that is more serious, we will refer
the matter for investigation and we may give you a warning and a penalty. In rare cases,
your misconduct may be so serious that we can exclude you from the University and prevent
you from applying for further study for up to five years. As part of this Student Disciplinary
Procedure, we may need to suspend you from the University, and there is more information
about this in the Student Suspension Guidance which is available on iCity.

This procedure applies to all students who are enrolled directly with Birmingham City
University and to students enrolled through some of our partner organisations. Your Student
Handbook will tell you if this procedure applies. This procedure meets the 'General principles
applying to Birmingham City University student procedures’.

Our Articles of Government state that the Vice-Chancellor is responsible for “the
maintenance of student discipline and within the rules and procedures provided for within
these Articles for the suspension and expulsion of students on disciplinary grounds or other
urgent cause and for implementing decisions to expel students for academic reasons”. The
Vice-Chancellor may delegate responsibilities relating to student discipline to appropriate
members of staff as explained in this procedure.

What is misconduct?

We define two types of misconduct - academic and general.

Academic misconduct is any behaviour which is likely to give you an unfair advantage
in an assessment. Academic misconduct threatens the standards of awards we make as
it is an attempt to gain credit for work which is not completely your own. Here are some
examples of academic misconduct.

• Plagiarism. This means submitting any item of assessment which contains work
produced by someone else in a way which makes it look as though it is your own
work. This includes copying material in any medium (for example, written work,
video, sound recording and so on) and from any source such as websites, books or
journals, failing to reference the work of others, copying work from sources such as
essay banks or asking someone else to write an assessment for you. This includes
'self-plagiarism' - you are not allowed to re-use work, or significant sections from

1
work, that you have already submitted for assessment . This work has already been
given academic credit and you can't get more credit for the same work. Guidance on
plagiarism is available on iCity.

• Collusion. This means working with at least one other person to produce a piece of
work which you then pass off as your own. Unless the assessment brief clearly states
that the work can be produced jointly, the work you submit for an assessment must
be your own. You can discuss ideas for the work with other students, but you must
not work with them to produce a piece of work together, you must not copy or share
another student's work, and you must not lend your work (including drafts) to another
student to allow them to copy your work. If your piece of work is very similar to that
of another student, you are likely to be accused of collusion. If you are found to have
made your work available for another student to copy all or part of it, you may be
referred for disciplinary action even after you have completed your award and are no
longer a student of the University.

• Cheating in a live assessment (for example, an examination, viva, placement, recital


or performance). This includes copying or trying to copy from someone else,
communicating or trying to communicate with another student, having notes that are
not allowed or having electronic devices, such as mobile phones, that are not
allowed.
o Exam invigilators will tell you at the beginning of the assessment what items
you are allowed to have with you and if there are any conditions for having
those items (for example, you may be allowed to have a copy of a specific
book but it must be ‘clean’ and have no markings in it made by you or anyone
else). After the exam invigilator has announced that the assessment has
started, it is misconduct for you to have anything with you that is not allowed.
If you don’t know what you can have with you during an assessment, you
must ask the exam invigilator before the assessment begins.

• Trying to see an exam paper or trying to get confidential information about an exam
paper before the exam.

• Getting someone else to take or try to take an assessment for you.

• Not following the instructions issued by the exam invigilator.

• Falsifying information, resources or data. This includes making up research


responses, inventing or changing someone else’s work to fit your assessment or
theory, or forging a signature on an assessment document.

• Failing to get the necessary permission before carrying out research.

General misconduct applies to any other type of misconduct that does not involve an
assessment. Here are some examples of general misconduct.

• Any behaviour which is a criminal offence. Some criminal offences will result in
you being automatically suspended from the University. More information is
included in the University Student Suspension Guidance which is available on
iCity.

• Possessing an offensive weapon or replica weapon on University premises, or


when doing an off-site activity for the University (such as site visits, or field trips)
unless you have our permission.

2
• Threatening, bullying, harassing, or indecent or violent behaviour (either in
person, in writing or online), whether or not actual harm is caused.

• Any form of discriminatory behaviour. This includes using certain language or


gestures, or behaviour which is likely to break current discrimination laws or
which fails to respect other people’s rights to freedom of speech and belief.

• Stealing or attempting to steal or misusing or attempting to misuse our property


or the property of another member of the University.

• Damaging or trying to damage our property or the property of another member of


the University.

• Not following a reasonable instruction we have issued. This includes failing to


change inappropriate behaviour after we have asked you to do so.

• Stopping, or unreasonably delaying, us (or any of our members) from carrying out
any of our work, duties or activities.

• Bribing or attempting to bribe any member of University staff.

• Fraud, deception or dishonesty relating to the University. This includes making a


false claim for money that you are not entitled to or dishonestly preparing a
reference about yourself that makes it seem as though it was written by a
member of the University.

• Behaviour which harms or could harm our reputation. This includes using social
media for this purpose.

Breach of any of the University’s rules and codes of conduct.


The above are only examples and other types of misconduct may also result in disciplinary
action being taken. If you are on a programme of study covered by the Fitness to Practise
Procedure we may investigate alleged misconduct under the Fitness to Practise Procedure
rather than this Student Disciplinary Procedure.

Levels of concern

We consider all misconduct to be a serious matter. Most types of misconduct (either


academic or general) can range from being minor to major in nature, and we will respond in
a way that is in proportion to the seriousness of the particular issue raised. For academic
misconduct we have set out categories of offences and appropriate penalties which will help
you understand what may happen in any academic misconduct case. You will find these in
the tables at the end of this document.

Proving the allegation

It is our responsibility to prove the allegation against you. The person or panel responsible
for deciding whether you have committed misconduct will accept the explanation that is most
likely to be true. This is known as the balance of probability.

3
Disability and misconduct

This procedure applies to all students equally. We do not accept disability as a reason for
your misconduct. However, we may reasonably adjust the process we follow to take
account of any disability you have disclosed to us. For example, this could involve an extra
person being present during an investigation and panel meetings to provide sign language
interpretation, or more breaks during an investigation or panel meeting.

Where there are concerns about a student’s wellbeing any action under this procedure may
be deferred pending consideration under the Fitness to Study Procedure.

Time limits

We will raise concerns that may relate to your behaviour as soon as possible so that you can
take action to correct your behaviour. We aim to complete the formal stage, including any
panel meeting, within 50 working days. To help us achieve this you must meet any deadlines
we set for providing further information or documents and attending meetings. There will
occasionally be circumstances when we need to extend the timeframe for different stages.
(We will only do this is there is a good reason, for example if we need to wait for a key
witness to be available to speak to us.) If this is the case, we will tell you and will explain the
reasons for the delay and tell you the new timescales. We will provide regular updates on
progress where appropriate.

Criminal offences

Where the alleged misconduct would also constitute a criminal offence, the University shall
have the discretion to continue action under this procedure but such action may be deferred
pending any police investigation or prosecution.

Student representation

You have the right to take someone with you to meetings. This person is not there to act in a
legal capacity. They are there to provide advice and support to you, not to act on your
behalf. The Students’ Union Advice Centre can help you with this.

Confidentiality

We will not share any information about you or any case against you unless we need to as
part of our procedures or if there is good reason and urgent cause to do so. This could
include passing information about your case to external agencies such as social services. If
we learn that you are or have been involved in criminal activity then we may need to inform
the police.

Our ‘Guidance on the production of references for students', which is available from your
faculty, explains what information we will share if we are asked for a reference.

4
Flowchart of stages

Formal stage:

Review stage:

5
Stages of the procedure (please see the flowchart)
This procedure aims to provide a quick process that is proportionate to the concerns being
raised. There is a strong focus on staff having the power to deal with concerns as soon as
possible. The Student Disciplinary Procedure has an informal stage, a three-step formal
stage, and a review stage (see the flowchart).

Informal stage - guidance and advice

This stage is for minor misconduct concerns. These would include poor scholarly activity (for
example, incorrect or confused referencing) due to lack of experience and, for general
misconduct, situations where you were probably not aware of how your behaviour was
affecting others and where you could quickly change your behaviour to avoid it happening
again. During the informal stage, issues are dealt with quickly and locally, often by the
relevant University tutor. In most cases, a conversation with you about your behaviour and
how to improve will be enough to deal with the matter. To help with your ongoing
development, we may put an action plan in place. If you do not make the necessary
progress, repeat the behaviour or if the issue is serious, it may move on to the formal stage.

Formal stage – triage, investigation and recommendation, and faculty or University


panel

The formal stage is to be completed within 50 working days of the disciplinary concerns
being raised using the Student Disciplinary Concerns form. It involves assessing the
concerns being raised and, where appropriate, carrying out a formal investigation. We may
hold a faculty or University panel to consider very serious or complicated cases. The formal
stage will involve the following three stages.

(1) Triage
For concerns that are felt to be anything more than minor concerns that can be dealt
with effectively through guidance and advice, the person raising the concerns must
fill in the ‘Student Disciplinary Concerns’ form and send it to the Student Governance
team. The person completing the form must provide all supporting evidence within
two weeks of sending us the Student Disciplinary Concerns form. If we do not
receive the evidence within two weeks, we will not investigate the concerns but may
still discuss them with you to provide you with relevant guidance and advice. Student
Governance will pass on the form for further consideration.

For academic misconduct, the programme leader (or someone nominated by the
Dean) will consider the filled-in Student Disciplinary Concerns form and the relevant
evidence to decide whether there is a case to answer.

For general misconduct, an associate dean, head of school or director of service


(or someone nominated by the Student Complaints, Appeals and Discipline
Committee) will consider the filled-in Student Disciplinary Concerns form and the
relevant evidence to decide whether there is a case to answer.

If we feel there is no case to answer, we will tell you about the concerns that were
raised and, where relevant, put an action plan in place for you.

6
If we feel there is a case to answer, we will refer the matter to a suitably trained case
officer who will carry out an investigation. We will tell you if we do this and will give
you information about the case officer who will investigate your case.

(2) Investigation and recommendation:


The case officer will have no knowledge of you or of any previous disciplinary or
fitness to practise matters you have been involved in. There may be occasions when
a case officer is appointed from outside your faculty to ensure independence.

Where the case has involved criminal proceedings heard by a court, we will not re-
investigate any matters that formed part of those proceedings.

Example 1

The University learns that you have been convicted of theft by a Crown Court. We will
open a disciplinary case against you for general misconduct. Since a Court has already
found you guilty of theft, the Case Officer will not consider whether or not you did commit
theft and will not revisit the facts of the Court case. The Case Officer will instead consider
whether the fact of your conviction means you have committed general misconduct.

The case officer will provide specific information about the concerns being raised,
and will give you a copy of the evidence. Student Governance will invite you to a
meeting with the case officer to discuss the concerns and evidence. You have the
right to take a companion with you to the meeting. This may be a friend, relative or
member of the Students’ Union. As the meeting will be held during normal working
hours on any of the University campuses, we will expect you to attend. The meeting
will only be rescheduled if the case officer decides there is a good or urgent reason
for this.

The case officer will consider the disciplinary concerns and may talk to relevant staff
or students and refer to documents and other evidence. If you wish to present
evidence, we expect you to give it to the case officer either before or at the meeting.
This may include copies of emails or letters, or statements from witnesses if it is safe
and helpful to provide these. In exceptional circumstances, the case officer may ask
you or any other relevant person to provide evidence after the meeting. For
academic misconduct where there are concerns about whether work is really yours
or research data is genuine, we may also ask you to attend a viva with at least two
members of academic staff to test your knowledge of the work you submitted. You
will receive copies of all the evidence the case officer has considered during the
investigation. The case officer will produce a report based on their investigation,
which will outline the process they have followed, the information they have gathered,
the evidence they have considered, their conclusions and their recommendations.

The case officer can make any of the following recommendations.


• There is no case to answer, so we will not hold a panel and will not take any
further action.
• There is a case to answer, but it does not need to be considered by a panel.
We may issue you with any of the following.
o A guidance note about your future behaviour or requirements you must
meet.

7
o An academic penalty in line with the table of penalties for academic
misconduct.
o A written warning about your future behaviour or requirements you must
meet.
o A final written warning about your future behaviour or requirements you
must meet.
o A conditional learning agreement. You must meet the conditions set out
in the agreement to be allowed to continue on the programme of study.
• There is a case to answer that needs to be considered by a panel.

The associate dean, head of school or director of service (or other approved person)
that made the referral will consider the case officer's recommendation. At this stage,
the associate dean, head of school or director of service may take into account any
previous disciplinary or relevant fitness to practise matters against you when deciding
whether to accept the case officer’s recommendation. The associate dean, head of
school or director of service can make the following decisions:

• To accept the case officer’s recommendation without change.


• To accept the case officer’s recommendation with minor changes.
• Not to accept the case officer’s recommendation, but take a different course
of action instead.

In all cases, we will tell you the outcome of the investigation and what action, if any,
we have decided to take.

This stage must be completed within 15 working days of the concerns being referred
for investigation.

If the concerns are very serious and it is possible that we may decide to exclude you
from the University, your case will be considered by a University panel.

While an investigation is ongoing you must continue to work towards any


resubmission deadline. If an allegation of misconduct against you is found not
justified then your work for that submission will stand regardless of whether you have
made any further assessment attempt.

(3) Faculty or University panel


We will hold a faculty or University panel in line with our standard procedures for
such panels.

A disciplinary faculty panel can make the following decisions as appropriate:

• You will receive no formal warning or penalty. We may give you a guidance
note about your future behaviour.
• For academic misconduct, we may give you an academic penalty in line with
the academic misconduct table.
• We may give you an action plan or a learning agreement (or both) which you
will need to keep to and show how you are making progress. If you do not
meet the conditions we may give you a written warning or a final written
warning.
• We may give you a written warning which we will keep on your student file for
a set time. If you commit another offence we will take this written warning into
account when deciding on any further penalty.

8
• We may give you a final written warning which means that if you commit
another offence you are likely to be excluded from the University.
.
A University panel is authorised to make any of the above decisions, and also to exclude you
from the University or any of our partner institutions for up to five years.

When the panel decides on the penalty it will not normally take account of penalties you
have already been given for a different type of misconduct. For example, if you had received
a written warning for academic misconduct and then went on to commit general misconduct,
the panel would not normally take the previous warning into account when deciding on the
new penalty.

Extending the time limit

If there are clear and justifiable reasons for extending the time limit, we will set new time
limits. We will tell you the new time limits and the reasons for the extension.

Closing the disciplinary action at the formal stage

We will give you a clear explanation of the outcome of the formal stage of the disciplinary
action in writing, setting out the reasons for each decision in simple, straightforward
language. We will record the outcome on our disciplinary record system.

We will tell you about:

• your right to take the case to the review stage;


• the grounds on which you can do this (see below);
• the time limit for moving to the review stage (20 working days of us sending you the
outcome of the formal stage);
• the appropriate procedure to follow; and
• where and how to access advice and support, for example the Students’ Union or
Student Affairs.

If you do not take the case to the review stage within the time limit for doing so, we will close
the matter.

Review stage – to be completed within 15 working days of receiving your request for
a review

If you are not satisfied with the outcome of the formal stage, you have 20 working days to
ask for a review. There are limited grounds for asking for a review, which are as follows.

• There is new evidence which you were unable, for valid reasons, to provide earlier in
the process, and which would have had a significant effect on the outcome of the
formal stage.
• The correct procedure was not followed during the formal stage and this has had a
significant effect on the outcome.
• The outcome was unreasonable given all the circumstances and the evidence
considered.

The purpose of a review is to consider whether the outcome was reasonable. At the review
stage, we will not usually consider the issues again or investigate the matter further. Your

9
case must have been considered at the formal stage before it can move to the review stage.
If your expectations appear to be beyond what can be achieved at the review stage, we will
tell you this as soon as possible in writing to manage your expectations about possible
outcomes.

You must submit a request for a review electronically, by email, by filling in the appropriate
form. We will only accept a form submitted by someone else on your behalf if you have given
the other person written permission to act as your representative for the review stage. You
must set out your concerns clearly and briefly and provide evidence, where possible, of the
issues raised. Only evidence that is clearly referenced in the form will be considered. We will
acknowledge the request for a review within five working days.

The Appeals and Resolutions office will assess your request for a review and the Director of
Student Affairs, or someone they nominate to act on their behalf, will use this assessment to
decide between the following two possible outcomes.

• There are no grounds for taking the matter further. If this is the case, the Complaints
and Appeals Office will tell you in writing and also let you know about any right you
may have to ask the Office of the Independent Adjudicator (OIA) to review your case.
• There are grounds for reconsidering the case.

If there are grounds for reconsidering the case, the Director of Student Affairs, or someone
they nominate to act on their behalf, will consider the following.

• Was the outcome reasonable in all the circumstances?


• Was there a mistake in how we used this procedure to assess your case and the
outcome has been less favourable to you as a result?
• Have you received clear reasons for the outcome at the formal stage?
• If you have provided new evidence, have you provided valid reasons for not providing
it earlier?
• Would any new evidence you have provided have affected the outcome (if there were
valid reasons for not providing this earlier)?

The Director of Student Affairs, or someone they nominate to act on their behalf, will decide
between the following two options.

• The case will be referred back to the formal stage with a recommendation.
• The issues are complicated and so it would be better to deal with them through a
review panel.

We will hold a review panel in line with our standard procedures for such panels.

Extending the time limit

If there are clear and justifiable reasons for extending the time limits, we will set new time
limits. The maximum extension will be 10 working days (that is, not more than 25 working
days in total from the date we receive your request for a review).

Closing the case at the review stage

We will give you a clear explanation of the outcome of the review in writing. This explanation
will set out the reasons for each decision in simple, straightforward language and clearly
state any action to be taken (if appropriate). We will record the outcome on our disciplinary

10
record system. We will also let you know about any right you may have to ask the OIA to
review your case.

11
Academic misconduct tables

We will take into account the seriousness of the offence when deciding on the right type of penalty. This includes looking at the level of unfair advantage you could have
gained. Occasionally there may be circumstances beyond your control which have contributed in some way to your academic misconduct. These are called ‘mitigating
circumstances’. If you are able to provide evidence of mitigating circumstances and how they affected your behaviour we will take this into account when deciding on an
appropriate penalty.

We use three levels of concern - minor, moderate and major. Table 1 shows the level of concern that each of the offences shown above under 'What is misconduct?' falls into
and table 2 indicates the penalties for each level of offence.

Table 1: Levels of concern

Type of offence Indicative level of concern


Cheating in a live assessment. Major

Trying to see an exam paper or trying to get confidential information about an exam paper before the exam. Major

Getting someone else to take or try to take an assessment for you. Major

Plagiarism and collusion where the plagiarised, copied or shared work is more than 30% of the assignment. This includes self-plagiarism where Major
you re-use work you have already been given credit for.

Buying assignments or answers from others. Major

Falsifying information, resources or data. This includes making up research responses, inventing or changing someone else’s work to fit your Major
assessment or theory or forging a signature on an assessment document.

Repeating any of the above offences. Major


Failing to get the necessary permission before carrying out research. Moderate or major

Not following the exam invigilator’s instructions. Moderate

Plagiarism and collusion where the plagiarised, copied or shared work is less than or equal to 30% of the assignment. This includes Moderate
self-plagiarism where you re-use work you have already been given credit for.

Helping another student to cheat, including allowing them to copy your work. Moderate

Poor scholarly activity (for example, incorrect or confused referencing) due to inexperience or misunderstanding, including plagiarism up to 10%. Minor
This only applies to students in the early stages of their programmes, usually at level 4.
.

12
Table 2: Indicative penalties
Level of First offence Second offence
concern Type of Penalty Type of Penalty
warning warning
Minor Guidance Conditional learning agreement Written Conditional learning agreement and failure of the assessment in
note warning which the offence took place.

You have lost an assessment attempt and will have to resit the
assessment. The resit attempt must be a new item of assessment
and the result will be capped at the pass mark for your programme of
study.

If you have no more assessment attempts left so cannot resit, you


may fail the module. If the module is a core module, you will have to
withdraw from the programme or transfer to another programme (if
this is allowed). If the module is an optional module you may be able
to switch to a different option module.

Your academic transcript will show that you failed a module for
academic misconduct reasons.
Moderate Written Conditional learning agreement and failure of all Final Conditional learning agreement and failure of all assessments
warning assessments for the module in which the offence took written for the module in which the offence took place plus 0% to be
place. This includes any assessments you have already passed warning used as your result for that module when calculating your award
for that module. classification. This includes any assessments you have already
passed for that module.
You have lost an assessment attempt and will have to resit all
assessments for that module. The resits must be new items of You have lost an assessment attempt and will have to resit all
assessment and the results will be capped at the pass mark for assessments for that module. The resits must be new items of
your programme of study. You must still take any assessments assessment. You must still take any assessments you have not yet
you have not yet attempted for the module but these results will attempted for the module.
also be capped at the pass mark for your programme of study.
We will record 0% on your record as your result for that module, and
If there are mitigating circumstances or the unfair advantage will use 0% to calculate your award classification but, as long as you
gained would be small, we may decide to give you a conditional pass the module, you will be awarded the credits.
learning agreement and failure of the assessment in which
the offence took place. If there are mitigating circumstances or the unfair advantage gained
would be small, we may decide to give you a conditional learning
You have lost an assessment attempt and will have to resit the agreement and failure of all assessments for the module in
assessment. The resit attempt must be a new item of which the offence took place. This includes any assessments you
assessment and the result will be capped at the pass mark for have already passed for that module.
your programme of study.

13
For both of the above, if you have no more assessment attempts You have lost an assessment attempt and will have to resit all
left so cannot resit, you may fail the module. If the module is a assessments for that module. The resits must be new items of
core module, you will have to withdraw from the programme or assessment and the results will be capped at the pass mark for your
transfer to another programme (if this is allowed). If the module programme of study. You will still have to take any assessments you
is an optional module, you may be able to switch to a different have not yet attempted for the module but the results for these will
option module. also be capped at the pass mark for your programme of study.

If the module is level 5 or higher, we will use it to calculate your For both of the above, if you have no more assessment attempts left
award classification. so cannot resit, you may fail the module. If the module is a core
module, you will have to withdraw from the programme or transfer to
Your academic transcript will show that you failed a module for another programme (if this is allowed). If the module is an optional
academic misconduct reasons. module, you may be able to switch to a different option module.

If the module is level 5 or higher, we will use it to calculate your


award classification.

Your academic transcript will show that you failed a module for
academic misconduct reasons.

Major Final Conditional learning agreement and failure of all Does Exclusion from the University for up to five years. You will not
written assessments for the module in which the offence took place not receive a warning but will be excluded from the University. This may
warning plus 0% to be used as your result for that module when apply be with or without academic credits that you have already gained and
calculating your award classification. This includes any which have been confirmed by the relevant exam board.
assessments you have already passed for that module.

You have lost an assessment attempt and will have to resit all
assessments for that module. The resits must be new items of
assessment. You must still take any assessments you have not
yet attempted for the module.

We will record 0% on your record as your result for that module


and will use 0% to calculate your award classification but, as
long as you pass the module, you will be awarded the credits.

If there are mitigating circumstances or the unfair advantage


gained would be small, we may decide to give you a conditional
learning agreement and failure of all assessments for the
module in which the offence took place. This includes any
assessments you have already passed for that module.

You have lost an assessment attempt and will have to resit all
assessments for that module. The resits must be new items of
assessment and your results will be capped at the pass mark for
14
your programme of study. You will still have to take any
assessments you have not yet attempted for the module but
your results for these will also be capped at the pass mark for
your programme of study.

For both of the above, if you have no more assessment attempts


left so cannot resit, you may fail the module. If the module is a
core module, you will have to withdraw from the programme or
transfer to another programme (if this is allowed). If the module
is an optional module, you may be able to switch to a different
option module.

If the module is level 5 or higher, we will use it to calculate your


award classification.

Your academic transcript will show that you failed a module for
academic misconduct reasons.

15
Student disciplinary concerns form

Details of person raising concerns:

Name
Miss/Ms/Mrs/Mr/Dr/Prof
Job title (if staff
member)
Student number (if
student)
Faculty

Details of student being referred:

Student name
Miss/Ms/Mrs//Mr/Dr/Prof
Student ID number
Course of study

Academic misconduct 
Cheating in a live assessment.

Trying to see an exam paper or trying to get confidential information about an exam
paper before the exam.
Getting someone else to take or try to take an assessment.

Not following the exam invigilator’s instructions.

Poor scholarly activity due to inexperience or misunderstanding, including plagiarism up


to 10%. This only applies to students in the early stages of their programmes, usually at
level 4.
Plagiarism, including self-plagiarism.

Collusion

Buying assignments or answers from others.

Helping another student to cheat, including by allowing them to copy your work.

Falsifying information, resources or data. This includes making up research responses,


inventing or changing someone else’s work to fit your assessment or theory or forging a
signature on an assessment document.

Failing to get the necessary permission before carrying out research.

Other

General misconduct
Any behaviour which is a criminal offence. Some criminal offences will result in you
being automatically suspended from the University.
Possessing an offensive weapon or replica weapon on University premises, or when
doing an off-site activity for the University (such as site visits or field trips).

16
Threatening, bullying, harassing, or indecent or violent behaviour (either in person, in
writing or online), whether or not actual harm is caused.
Any form of discriminatory behaviour.

Stealing or attempting to steal or misusing or attempting to misuse our property or the


property of another member of the University.
Damaging or trying to damage our property, or the property of another member of the
University.
Not following a reasonable instruction we have issued.

Stopping, or unreasonably delaying, us (or any of our members) from carrying out any of
our work, duties or activities.
Bribing or attempting to bribe any member of University staff.

Fraud, deception or dishonesty relating to the University. This includes making a false
claim for money that you are not entitled to or dishonestly preparing a reference about
you that makes it seem as though it was written by a member of the University.
Behaviour which harms or could harm our reputation.

Other

If ‘other’ please give details.

My knowledge of the events relevant to this matter is as follows.

[List events in date order. Please refer to any relevant documents which support the account, and
attach the documents to this statement with reference numbers. Please make sure that your
statement could be read and understood by someone with no knowledge of the case so that they
would be left understanding what the allegation was and how the evidence you have provided is
relevant to the allegation.]

I am attaching (or will provide within two weeks) the following evidence to support this statement.

Document Attached or to follow


reference Brief description of document
Example 1 Submitted assignment – plagiarised material highlighted Attached

I have read the Student Disciplinary Procedure and understand that:


• within two weeks of sending this statement to the University I must provide all evidence
referred to in this statement;
• you may provide this statement to the student named above in the course of any University
investigation into the concerns being raised; and

17
• due to confidentiality restrictions, you may not keep me informed of the progress of your
investigation.

Your signature: Date:

Send your filled-in form and any queries to [Faculty name].studentgovernance@bcu.ac.uk.

Notes to consider:
1. Try to make sure the statement covers all relevant issues and only those that you have direct
knowledge of.
2. Make sure that the statement does not include details that are not relevant or could be unfair,
such as earlier offences or evidence about other similar offences.
3. Wherever possible, try to avoid any second-hand (hearsay) evidence, although we will accept
hearsay evidence if there is no better evidence available.
4. Consider whether the witness statement is an important part of the case or whether it adds little to
it or simply duplicates other evidence. Although it can be helpful to include more than one account
supporting the same events, there will be a point at which duplicating evidence will just
unnecessarily extend the time needed to deal with the case.

Date student started the current programme Level of study Has the student interrupted their
study?
4 5 6 7 Yes □ No □

18
Referral for investigation

For academic misconduct – the programme leader (or someone nominated by the Dean)
should fill in this section.
For general misconduct – the associate dean, head of school, director of service (or
someone nominated by the Student Complaints, Appeals and Discipline Committee) should
fill in this section.
Recommendations made by the case officer will be returned to the person named below.

Name
Miss/Ms/Mrs/Mr//Dr/Prof
Job title

Faculty

Student name

Student ID
number
Course of study

Reason for referral (tick all that apply):

Damage or threat of damage to our reputation ☐

A serious concern has been raised ☐

A sustained or repetitive pattern of behaviour ☐

A criminal offence ☐

Other – please give details. ☐

Your signature: Date:

19
Birmingham City University

Extenuating Circumstances Procedure – Effective from 2017/18

Introduction
This procedure applies only to students who are currently enrolled on a programme
of study offered directly by us or at selected partner organisations. Your student
handbook will tell you if you need to use a different procedure for your programme of
study. It is important that you read the whole of this procedure.

You must make sure you organise your time so that you can complete your
assessments by the deadline set or be prepared for your exam. You need to build in
some extra time in case everything does not go according to plan. You must also
back up your work in case your computer fails or you lose it.

‘Fit to sit’
We will assume that you are fit and well enough to take your assessments (‘fit to sit’)
unless you tell us otherwise by making a claim for extenuating circumstances (see
below for an explanation).

What are extenuating circumstances?


Extenuating circumstances are personal circumstances that:
• you could not have predicted would happen;
• you have no control over; and
• have seriously affected your ability to do your assessment.

The following are valid reasons for making a claim for extenuating circumstances if
you are able to show that they are preventing you from completing your
assessments as planned.
• Illness or injury which lasts for more than one week that is serious enough to
stop you from researching, rehearsing, writing, or revising for your
assessment.
• Significant illness or injury on the day of or during a ‘live assessment’ such as
an exam or performance.
• Serious illness of a close family member which means you need to provide
significant caring support that you had not planned for.
• Death of someone close to you or the significant, ongoing effects of grief
following the death of someone close to you.
• Unexpected and significant increase in your employment workload that is
beyond your control (if you are a part-time student).
• Being the victim of a crime which has or is likely to have an impact on your
health or wellbeing.
• Being called for jury service or as a witness in a trial.
• Requirements of military service.

1
September 2017
Example 1
You become ill with food poisoning the day before you are due to sit an exam. You could
Claims
not havebased on any
predicted youofwould
the following willhave
be ill, you not be
nosuccessful.
control over becoming ill, and you will be
too •ill toAssessments
go to your exam. As long as your medical note confirms
that took place in a previous academic year. the dates of your food
poisoning,
• Going your claimour
through is likely to be successful.
disciplinary or fitness-to-practise proceedings.

The following are not valid reasons for making a claim for extenuating
circumstances:
• A long-term health condition that we have already made reasonable
adjustments for under a disability support summary or occupational health
assessment, unless you suffer a flare-up or the adjustments were put in place
after your assessment. By flare-up we mean a sudden and unexpected
worsening of your symptoms.
• A holiday (you must make sure that you do not take holidays that affect your
learning or assessment).
• A computing, IT, or printing failure (unless a relevant part of the University
network is affected).
• Being the victim of a crime which does not or is unlikely to have an impact on
your health or wellbeing (unless your claim is supported by medical evidence).
• Failing to allow for reasonable delay (for example, not allowing enough time to
print your assessment work or for moderate travel delays).
• Making a mistake in reading the exam timetable or location details.
• Stress or anxiety caused by the assessment (unless your claim is supported
by medical evidence) as this is a common experience of many students.
• Employment or voluntary work (unless you are a part-time student and there
is an unexpected and significant increase in your workload).
• The death or illness of a family pet.

Example 2
You receive your lecture and assessment schedule at the beginning of the academic year.
You then book a holiday overseas. Your flight leaves three days before you are due to
submit your coursework. Your claim will not be successful as you had control of when
you went on holiday, knew you would be out of the country on the date your coursework
was due in, and could have submitted your coursework ahead of the deadline before you
travelled.

Example 3
Your coursework is due at 12.00 noon. You arrive at University at 11.00am to print and
submit your coursework. The printers you usually use are all busy so you go to another
building to print there, but that printer is not working. You print your work at 11.55am and
are ready to submit it at 12.10pm but are told your work is late. Your claim will not be
successful as you did not allow enough time to print and submit your work.

Example 4
You have been diagnosed with diabetes and given a disability support summary. This
entitles you to extra time to complete your assessments. You are due to start your exam
at 2pm, and this allows you extra time. On the way to the exam you suffer a hypoglycaemic
attack. You could not have predicted you would be ill, you have no control over becoming 2
September 2017
ill, and you will be too ill to sit your exam. As long as your medical note confirms the date
of your hypoglycaemic attack, your claim is likely to be successful.
When should I think about taking a formal break from my studies?
You cannot keep claiming extenuating circumstances again and again for the same
reasons.

If you have a long-term illness or condition then you may be able to have a Disability
Support Summary (DSS) put in place so that we can make reasonable adjustments
for you. This means you won’t have to keep claiming again and again for the same
reasons as your DSS will already make reasonable adjustments for you. The
Enablement Team can offer you advice and guidance on getting a DSS.

If it is going to be difficult for you to study properly for more than a few weeks, it may
be best for you to take a formal break from your studies and come back when you
are able to manage better.

If this happens, you can ask for an interruption of studies (IoS). This is an approved
leave of absence from all study for a set period and may be taken for a number of
reasons including ill health, financial, academic or personal reasons. You will need to
look carefully at the rules for an interruption of studies including when you are
allowed to take it. If you are considering asking for an interruption of studies, you
should discuss this with a relevant member of staff, usually your personal tutor or
programme leader, who can help you make this decision and can make you aware of
all the implications of interrupting. You will need to read the extra information that is
available at https://icity.bcu.ac.uk/Academic-Services/Information-for-
Students/Interruption-Transfer-and-Withdrawal/Interruption-of-Studies

Example 5
You are due to sit exams in January. You suffer a painful injury to your arm which stops
you revising. You make a successful claim for extenuating circumstances and are
allowed to sit your exams at the next available opportunity, which is in May. Your arm
injury continues to cause you problems and you have a disability support summary put in
place. Despite the reasonable adjustments that are made, you do not feel you are able
to fully prepare for your exams and you submit an extenuating circumstances claim.
Your claim will not be successful as your condition is ongoing, is covered by a disability
support summary, and you could have taken an interruption of studies to allow you time
to recover.

What happens if I submit my coursework after the deadline but don't have
extenuating circumstances?

3
September 2017
Meeting deadlines is an essential employability skill so if you do not meet the
deadline you will be given a reduced mark. This makes sure that students who
submit their work late do not have an advantage of extra time over students who
submit theirs on time.

We apply the following penalties if you are late submitting work at the first attempt.
You submit your coursework Mark awarded
Before the deadline Your work is marked using the full scale (it
is marked out of 100%)
Up to two hours after the deadline Your mark is reduced by 10% of the
awarded mark
Between two hours and five working Your work is capped at the pass mark for
days after the deadline your programme of study
More than five working days after the You will fail the assessment.
deadline

If you submit re-sit work after the deadline you will fail the assessment.
Example 6
Your dissertation deadline is 12.00 noon. You submit your work at 1.15pm. The mark
awarded to your work is 60%, but this is reduced because you were late submitting your
work. As your work was submitted within two hours of the deadline, the mark awarded is
reduced by 10% of 60% which is 6%, so you are given 54%.

Example 7
Your coursework deadline is 12.00 noon on a Monday. You submit your work at 10am on
the following Wednesday. As this is between two hours and five working days after the
deadline and you are an undergraduate student, your work is marked but your mark is
capped at 40%.

What happens if I believe I have extenuating circumstances?


If you believe you have extenuating circumstances and can provide evidence of this,
you can make a claim using the Extenuating Circumstances Claim Form as
described below under 'How to claim'. You must submit your claim as soon as you
know you will not be able to attend your assessment or submit your coursework. Do
not wait to submit your claim form for any reason, including if you do not yet
have all your evidence.

Unless there are exceptional circumstances, you must submit your claim before
the planned assessment date or deadline. We will only consider a claim made
after this if there is a good reason (for example, if you were ill on the day of the
exam). As completing coursework should not be a 'last minute' process there are
very few circumstances in which we will accept an extenuating circumstances claim
for coursework made after the deadline.

4
September 2017
If your extenuating circumstances do happen on the day, you must submit your claim
no later than five working days after the assessment date or the deadline, with
evidence that shows why you were not able to attend your assessment or submit
your work on time. If you submit your claim later than this, you will also need to
provide evidence that shows why you could not have submitted your claim within the
five days.

When making a claim you can either ask for:

• an extension − if your claim is successful, you will be given an extra 10


working days after your original deadline to submit your work (this is only
available for coursework and some presentations). An extension is fixed at 10
working days from the original deadline;or

• a deferral − if your claim is successful, you will complete the assessment at


the next available opportunity. Please be aware that this may be a few weeks
or up to a year following the original assessment date. You must check with
your faculty before asking to defer your assessment. (This is the only option
for most live assessments which include an examination, viva, placement,
recital or performance, and some presentations.)

You must carefully think through whether you need an extension or a deferral as,
once you have received a decision on your claim, you cannot change your request.
If you have already been given an extension but you are still experiencing the
extenuating circumstances at the time of your new deadline, you will have to make a
new claim for a deferral. You cannot ask for a further extension.

The following flowchart is designed to help you decide whether you should apply for
an extension or a deferral.

If you are given deferrals during your final year then you may be required to enrol at
the University in the following year on an ‘assessment only’ basis. You may need to
pay fees where this is the case. You should seek advice from your faculty before
claiming for deferrals so that you know what to expect if your claim is successful.

Your claim will need to be supported by evidence (see below). Once we receive your
claim form and evidence, it will usually take up to five working days for Appeals and

5
September 2017
Resolutions to issue a decision. If you do not hear from us within five working days
of submitting a claim, you should contact the Appeals and Resolutions office as soon
as possible. The sooner you make a claim the sooner you will know the outcome. If
your claim is not successful you will know that, unless you complete your work on
time, you will be given a fail or possibly a penalty for missing a deadline. If your claim
is successful you will know that you have extra time or that you can take the
assessment later.

What if I have not received a claim decision at the time of my assessment


deadline?
It will usually take up to five working days for Appeals and Resolutions to issue a
decision. If you submit a claim form close to your assessment deadline then you may
not receive a decision before the deadline passes. In those circumstances you
should not submit your work or attempt the assessment unless you wish to withdraw
your claim. Remember that by submitting an Extenuating Circumstances Claim Form
you are telling the University that you are not fit to meet the assessment deadline. If
you submit work or attempt the assessment you will render your claim invalid. As
long as you have made a valid claim supported by suitable evidence then your claim
will be successful.

If you apply for an extension you must make sure that you are working towards the
extended deadline while you wait for a decision on your claim.

What if I attempt an assessment, either coursework or a live assessment, and


then find out later that I wasn't 'fit to sit'?
If you are claiming because you attempted the assessment but now realise that you
were ill at the time, you can only ask for a deferral not an extension. As you
originally told us that you were fit to sit the assessment, you are responsible for
providing evidence that confirms:
• you were ill when you took the assessment, and your performance would
have been significantly affected; and
• you did not know you were ill or ill enough for it to affect your performance
significantly, meaning you did not realise you were not fit to sit the
assessment.

You should not wait to submit your claim form for any reason, including if you do not
currently have your evidence. You must make the claim within 10 working days of
the assessment date or deadline.

If your claim is successful, you will complete the assessment at the next available
opportunity. Your faculty can confirm when this would be. This means that your first
attempt will not count so, if you get a lower mark next time, you cannot ask for the
first mark to be used instead.

6
September 2017
What if I submit some coursework or take a live assessment and am then
diagnosed with a disability that affected my performance?
If you are diagnosed with a disability after you have done your assessment and the
disability affected your performance in the assessment, you will have different
options depending on the circumstances.

• For any disability and any type of assessment you may ask to repeat the
assessment. The first assessment attempt will not count and you will do the
assessment again with the reasonable adjustments from your disability
support summary in place. This means that, as your first attempt will not
count, if you get a lower mark next time you cannot ask for the first mark to be
used instead. This is called a DSS-related repeat assessment.

• If you are diagnosed as having a specific learning difficulty and the type of
assessment is anything other than a placement, you could instead ask to
have your assessment marked again, taking into account the reasonable
adjustments in your disability support summary. This is called a DSS-related
remark.

If you are claiming for a placement you cannot ask to have the assessment
remarked because there is a requirement for reasonable adjustments to be in place
for the assessment of your placement. You are only allowed to repeat the
assessment as set out above.

How to claim
You must use the current version of the Extenuating Circumstances Claim Form
available on iCity. When you have filled in your form, email it
to appealsandresolutions@bcu.ac.uk. Or you can take your claim form to the ASK
desk or to your faculty office. If you hand in your form at your faculty office, they will
send it to the Appeals and Resolutions team by secure internal post. You must make
arrangements to submit your supporting evidence (see below) as soon as possible.

You must ensure to include on your claim form all the assessments you wish to claim
for. If we issue a claim decision and you later realise you have missed assessments
off your claim form, you will need to submit a new claim form and we may require
evidence for your delay in claiming.

Evidence
You are responsible for getting and submitting all evidence you want to use to
support your claim. The Appeals and Resolutions team cannot contact third parties
or obtain evidence on your behalf. If possible, submit your evidence at the same time
as you submit your claim. If you do not have your evidence but have filled in your
claim form, submit your claim form anyway and send us your evidence as soon as it
is available. If you have indicated that evidence will follow, we will issue a pending
decision and give you ten working days from the date of that decision to submit the

7
September 2017
evidence. If you have difficulty in obtaining evidence then you should contact
Appeals and Resolutions as soon as possible.

As a guide, we accept the following evidence.


Extenuating circumstance Evidence includes:
You have a serious illness or • Letter from a doctor, hospital or nurse
accident • Must be on official, headed paper
• Must be written at the time of the illness or accident
• Must say that you are or will be unfit to study at the time of the
assessment
We do not accept medical records alone unless they clearly state
that you are or will be unfit to study at the time of the
assessment.

If you are ill during a live assessment and medical intervention is


required then your claim can be supported by the invigilator’s report
without the need for medical evidence.
A very close relative is • Letter from a doctor, hospital or nurse confirming the
seriously ill circumstances and the effect these are having on your ability
to do the assessment
• Must be on official, headed paper or have an official stamp
• Must confirm the dates of the illness
A very close family member or • Medical letter explaining how your grief is affecting your ability
friend dies to do the assessment
• Death certificate
You face an unexpected or • Letter from a transport or motoring organisation, or a garage
serious difficulty on the day of • Must be on official, headed paper
a live assessment, such as a
severe transport delay
You have a serious personal • Letter from a doctor, solicitor or other professional person
problem confirming the circumstances and dates, and how the problem
is affecting your ability to do the assessment
• Must be on official, headed paper
You have a long-standing • Letter from a doctor, hospital or nurse
health condition which • Must be on official, headed paper or have an official stamp
suddenly gets worse • Must be written at the time
• Must say that you are or will be unfit to study
There is a sudden, significant • Letter from your employer outlining the changes and the dates
change to your employment these will apply from
(part-time students only) • Must be on official, headed paper
You are the victim of a crime • Police report giving the date of the crime
• Must be on official, headed paper
We do not accept crime reference numbers alone without
separate, independent confirmation of the reported incident.

If you are claiming because of the effect that being a victim of a crime
has had on you then you should submit medical evidence in support
(see ‘You have a serious accident or illness’ above).

8
September 2017
You are called for jury duty • Jury summons letter
You are diagnosed as having • Evidence that confirms:
a disability during the current o you have been diagnosed with a disability that would
academic year have affected your performance in the assessment
o the disability diagnosis was made after you attempted
the assessment

In all cases, you may be able to support your claim with a statement of support from
a University member of staff such as your personal tutor or programme leader. This
is known as a staff statement of support. Staff members are not able to provide
statements confirming medical circumstances.

Evidence must be:


• genuine – we will reject your claim if we find that any of the evidence you
submit is false, forged or has been tampered with in any way;
• independent – we do not accept letters from relatives or friends;
• written in English − if the evidence was written in a language other than
English, you must also supply an officially translated copy; and
• on official, headed paper or have an official stamp or seal of the issuing
authority.

The evidence you provide does not have to be an original document. We will accept
photocopied or scanned documents, but we may decide that we need to see the
original document as well. We will accept good quality photographs of documents,
but photographs of anything other than documents cannot be accepted as evidence.

Appeals and Resolutions regularly check the evidence they receive to make sure it is
genuine. By submitting your claim, you are giving us permission to carry out these
checks. If you submit evidence which we find is false, forged or has been tampered
with in any way, we may start a disciplinary investigation and your claim will not be
allowed.

How do you make the claim decision?


Members of staff in Appeals and Resolutions will assess your claim using the
following criteria.
• Are you a current student?
• Could you have predicted the circumstances?
• Did you have any control over the circumstances and could you reasonably
have avoided them?
• Has your ability to do the assessment been seriously affected?
• Have you provided relevant evidence?
• Is the evidence genuine or has it been tampered with?
• Is the evidence independent?
• Does the evidence support your claim?

9
September 2017
• Does the evidence cover the date (or dates) of the assessment?

Claim decision
Once we receive your claim form and evidence it usually takes up to five working
days for Appeals and Resolutions to issue a decision on your claim. We will email
the decision to you using your University email address.

If your claim is successful, and was for:


• an extension, you must make sure you complete your assessment within 10
working days of the original assessment deadline;
• a deferral, you must contact your faculty for your new assessment deadline
date;
• a re-mark, you must contact your faculty about resubmitting your work; or
• for a repeat of the assessment, you must contact your faculty about repeating
the work with any reasonable adjustments in place.

If your claim is not successful we will explain why. If you do not understand or are
not satisfied with the outcome, you should follow the guidance set out below.

Questioning the claim decision – challenges and appeals


If you think we have got a decision wrong, there are three stages you should follow.

• First, you should raise a challenge, which we can often deal with quickly and
effectively at a local level. You should do this as soon as possible.
• If we cannot resolve your challenge, and if there are relevant grounds for
taking the matter further, you can submit an academic appeal, which we will
deal with formally. You must submit your academic appeal within 20 working
days of the decision that you are questioning being published or sent to you.
• If you are still not happy with our response to your academic appeal, you can
ask for a review.

Challenge and early resolution: if you think the wrong decision has been made on
your extenuating circumstances claim then in the first instance you should contact a
member of the Appeals and Resolutions team. Any team member can help you
understand why the decision was reached.

If, after the decision has been explained to you, you still feel the decision was wrong
then you can raise a challenge against the decision. To raise a challenge you must
submit further evidence in support of your claim. We will treat the challenge as being
raised on the day we receive your further evidence, not the day you first say you
want to challenge the decision.

When we receive the further evidence from you we will look again at your claim and
see if a different decision can be reached.

This stage should be completed within 10 working days of the challenge being
raised.

10
September 2017
Formal academic appeal: if you are not satisfied with the response to the challenge
and if there are relevant grounds for taking the matter further, it can move to the
formal academic appeal stage. The formal academic appeal stage will usually be
dealt with by staff who were not involved directly at the challenge and early
resolution stage.

We will only consider a formal academic appeal for investigation when the challenge
and early resolution stage has been attempted first. You must make a formal
academic appeal within 20 working days of receiving your claim decision.

We will give special attention to identifying academic appeals that may require
particularly quick action. These may include the following.

• Cases where the effects of the issues raised may have harmed a person's
mental health or led to significant distress
• Cases where external time limits apply for example in meeting regulatory
requirements for completing professional courses

You must submit a formal academic appeal to the Appeals and Resolutions office
electronically, by email, using our formal academic appeal form. You must set out
your concerns clearly and briefly and provide evidence, where possible, of the issues
raised. Only evidence that is clearly referenced in the academic appeal will be
considered.

When we receive your formal academic appeal we will consider some key questions,
including the following.

• Has the academic appeal already been through the challenge and early
resolution stage? If not, we will refer it back to the challenge and early
resolution stage.
• Have you set out clearly what the academic appeal is about?
• Have you provided new evidence and explained clearly why this was not
available when you first made your application?
• Is the academic appeal covered by the Extenuating Circumstances Procedure
or should we refer you to another procedure?
• What help or support can we provide to you?

When we receive an academic appeal, we must decide whether it meets the


conditions to be considered under this Extenuating Circumstances Procedure. If not,
we will tell you our decision and the reasons for this, and give you details of the
correct procedure to use, if appropriate.

If your academic appeal is eligible to be considered under the Extenuating


Circumstances Procedure, we will send you a dated acknowledgement of receipt
within five working days of receiving the formal academic appeal form and will record
the date we received the appeal in our extenuating circumstances system. If we
decide that your appeal is ineligible and advise you that there is nothing you can do
to make the appeal eligible, you will have the right to request a review of our decision
(see the Review stage below).

11
September 2017
Appeals and Resolutions will inform your Head of Student Support that you have
made an academic appeal and that it is being investigated. If you have received an
examination board decision of ‘cannot proceed’ or ‘fail withdraw’, you will be allowed
to attend classes and access facilities until we decide on the outcome of your
academic appeal (including any review).

If the Deputy Director of Student Affairs (Queries and Resolutions), or someone they
nominate to act on their behalf, is satisfied that you have provided enough further
evidence that you could not have provided when you made your original application
for us to consider extenuating circumstances, they can decide that the academic
appeal is justified.

Acceptable further evidence includes a medical note or doctor’s letter confirming that
you were unable to work or study on the dates of the assessments concerned.

In any other circumstances, an academic appeals panel will consider the academic
appeal. The panel will consist of three members of staff from the SCAD Register who
have no previous knowledge of you or this case, and who are not from the same
school or college as you. The panel will not normally need to meet you or
representatives of your school or college, but may ask for a meeting if they feel this
would be useful. The panel will decide whether the academic appeal is justified, and
whether any action is required.

This stage should be completed within 25 working days of us receiving the academic
appeal (or 35 working days where a panel is used) and we will give you our decision
in writing.

Extending the time limit

If there are clear and justifiable reasons for extending the time limits Appeals and
Resolutions will set new time limits. The maximum extension will be 10 working days
(that is, not more than 35 working days in total from the date we receive the
academic appeal form, or 45 working days where a panel is held).

Closing the academic appeal at the formal academic appeal stage

We will give you a clear explanation of the outcome of your formal academic appeal
in writing, setting out the reasons for each decision in simple, straightforward
language. We will record the outcome on our academic queries and appeals system.

We will tell you about:

• your right to take the academic appeal to the review stage;


• the grounds on which you can do this (see below);
• the time limit for moving to the review stage (20 working days of us sending
you the outcome of the academic appeal);
• the appropriate procedure to follow; and

12
September 2017
• where and how to access advice and support, for example the Students’
Union or Student Affairs.

If you do not take the academic appeal to the review stage within the time limit for
doing so, we will close the matter.

Appeals and Resolutions will inform your Head of Student Support of the outcome.

Review – to be completed within 15 working days of receiving the request for a


review

You can ask us to review the way we have handled a formal academic appeal to
make sure that we followed the appropriate procedures and that our decision was
reasonable. At this stage we will not normally reconsider the issues raised, but will
consider significant new evidence that you were unable to provide at an earlier stage
for valid reasons.

If you have already made an academic appeal to a partner institution and you are not
satisfied with the way it has been dealt with under their own academic appeals
procedure, you may be able to refer the academic appeal to us and we will consider
it under this stage. This will include a review of the way in which the partner
institution handled the matter. Your Student Handbook will explain if this applies to
your course.

If you are not satisfied with the outcome of the formal academic appeal stage, you
have 20 working days to ask for a review. There are limited grounds for asking for a
review which are as follows.

• There is new evidence which you were unable, for valid reasons, to provide
earlier in the process that would have had a significant effect on the outcome
of the formal academic appeal stage.
• The correct procedure was not followed during the formal academic appeal
stage and this has had a significant effect on the outcome.
• The outcome of the formal academic appeal stage was unreasonable given all
the circumstances and the evidence considered.

The purpose of a review is to consider whether we followed the correct procedure


during the formal academic appeal stage and whether the outcome was reasonable.
At the review stage, we will not usually consider the issues again or investigate the
matter further. An academic appeal must have been considered at the formal
academic appeal stage before it can move to the review stage. If your expectations
appear to be beyond what can be achieved at the review stage, we will tell you this
as soon as possible in writing to manage your expectations about possible
outcomes.

You must submit a request for review electronically, by email, by filling in the
appropriate form. You must set out your concerns clearly and briefly and provide
evidence, where possible, of the issues raised. Only evidence that is clearly
referenced in the form will be considered. We will acknowledge the request for a
review within five working days.

13
September 2017
The Appeals and Resolutions office will assess the request for a review and the
Director of Student Affairs, or someone they nominate to act on their behalf, will use
this assessment to decide between the following two possible outcomes.

• There are no grounds for taking the matter further. If this is the case, the
Appeals and Resolutions office will tell you in writing and also let you know
about any right you may have to ask the OIA to review your appeal.
• There are grounds for reconsidering the case.

If there are grounds for reconsidering the case, the Director of Student Affairs, or
someone they nominate to act on their behalf, will consider the following.

• Were the relevant procedures followed during the formal academic appeal
stage?
• Was the outcome reasonable in all the circumstances?
• Have you received clear reasons why we rejected the academic appeal at the
formal academic appeal stage?
• If you have provided new evidence, have you provided valid reasons for not
providing it earlier?
• If there were valid reasons for not providing this evidence earlier, would it
have had a significant effect on the outcome?

The Director of Student Affairs, or someone they nominate to act on their behalf, will
decide between the following two options.

• The academic appeal will be referred back to the formal academic appeal
stage together with a recommendation.
• The issues are complicated and so it would be better to deal with them
through a review panel.

A review panel will be held in line with our standard procedures for such panels.

Extending the time limits

If there are clear and justifiable reasons for extending the time limits, we will set new
time limits. The maximum extension will be 10 working days (that is, not more than
25 working days in total from the date we receive your request for a review).

Closing the academic appeal at the review stage

We will give you a clear explanation of the outcome of the review in writing, setting
out the reasons for each decision in simple, straightforward language. If the review
finds that an academic appeal is partly or fully justified, we will explain how and when
we will put in place actions to put the issue right, and apologise where appropriate.
We will record the outcome on our academic queries and appeals system. We will
also let you know about any right you may have to ask the OIA to review your
appeal.

14
September 2017
1

Birmingham City University

Tuition Fee Payment Policy for UK and EU Students – effective from 2017/18

1. Introduction

Birmingham City University (the University) is committed to a fair and transparent policy in respect of
tuition fees for students whilst also offering a range of methods in order to pay those fees.

The policy is reviewed annually and the University the University will ask students to agree to its terms
as part of the enrolment process at the start of each year of study.

Students remain responsible for the payment of their tuition fees at all times, whether they have
received an invoice requesting payment or not, including where sponsorship, grant or loan
agreements have been approved. The University reserves the right to apply sanctions including
permanent exclusion of a student for the non-payment of tuition fees in line with the procedure set
out in the Debt Management & Sanctions Policy.

2. Fees

The University is committed to providing a wide range of study options, so it is important that students
understand the cost of their chosen course. Students can find current course fees on the individual
course pages of the University’s website at https://www.bcu.ac.uk/courses.

All students will receive an emailed confirmation of their course and fee. Links to the fee and course
profile will be included in this email.

The University calculate fees based on programme of study, mode of attendance (whether full-time,
part-time, working-away or distance learning) and other factors where applicable. Fees will depend
on fee status which includes whether the student is UK or EU based.

The only increase in fees for second and subsequent years of a course will be limited to increases in
inflation based on the Retail Prices Index or to reflect changes in government funding policies or
changes agreed by Parliament.

The University strongly recommends that students plan how they will pay their fees at the earliest
opportunity. The payment options available will depend on each individual’s circumstances including
(but not limited to):

• The fee for their programme of study


• Whether the student receives sponsorship, scholarship or bursaries; and
• Whether the student receives a Tuition Fee Loan or Tuition Fee Grant from the Student Loans
Company (SLC).

Students will need to pay their tuition fees when they complete enrolment unless the following apply:

• The University receives evidence from a student that they will receive a loan from the Student
Loans Company (SLC); or
2

• A student provides evidence of sponsorship from an approved sponsor; or


• A student is eligible to pay their tuition fees in instalments (see Section 4 – Fee Categories: Self-
Funded).

IMPORTANT - The University reserves the right to restrict access to the University and its services
including all aspects of students’ programmes, University buildings and IT facilities for failure to pay
tuition fees/deposits/instalments on the terms set out in the Debt Management and Sanctions
Policy.

3. Methods of Payment

The University aims to provide all of our students with a flexible range of secure payment options so
that everyone has a payment method to suit them. The University accept all major credit and debit
cards with the exception of American Express.

Please note that when making a payment, if the University need to issue a refund the University will
return funds to the person or organisation that originally made the payment unless there are
exceptional circumstances. In the event that exceptional circumstances apply, a form of personal
and address identification will be required including a copy of the beneficiary’s bank statement.

To ensure that the University can identify monies paid, students should always give their Student
name and Student number as a reference when making any type of payment.

Online payment for students in the UK:

Students with a UK Bank Account can make a payment by a UK Debit card or Credit Card via the
following link

UK bank online payment for tuition or other fees.

Students with an international bank account can make a transfer or pay by an international Debit
card/Credit card for tuition fees and deposits through Pay to Study in their own currency with no
currency conversion fees and beneficial exchange rates. Pay to study also accept China Union Pay:

International bank online payment for tuition or other fees.

For details on other ways to pay please visit make a payment or contact the ASK Helpdesk situated
at either:

• The Curzon Building (City Centre Campus situated on the First Floor)
• The Baker Building (City North Campus situated on the First Floor)
• The Mary Seacole Building (City South Campus situated on the First Floor), or
• You can contact the ASK Helpdesk on 0121 331 7777
3

Where access to the University’s services have been restricted meaning you are unable to access the
buildings above, you will need to pay online via the link above or contact the ASK Helpdesk by
telephone.

4. Fee Categories:

Student Finance /Student Loan Company (SLC) funded:

Any student who has or is intending to apply to Student Finance to pay their fees either in full or in
part must tell the University at the time of enrolment. Students must apply for funding direct to
Student Finance and must do this for each academic year of course of study within the published
timescales.

Once Student Finance agrees to fund a student, they will notify the Student Loans Company (SLC) who
will then confirm the funding to the University and pay the tuition fees directly to the University.

Students awaiting an SLC Customer Reference Number / Student Support I.D must declare their
intention to be funded by SLC as part of the online enrolment process.

Until the SLC confirms the funding of a student to the University, the student will be responsible for
the tuition fees due. If the SLC is funding less than the full amount or fails to provide such funding,
the student is responsible for paying the outstanding balance due. In the event that funding is not
received from the SLC, the student remains liable for the whole/any outstanding amount of their
tuition fee.

If students need any help or further information about SLC funding please contact SLC by telephone
on 0300 100 0607 or visit the SLC for more information.

Financially Sponsored Students:

A ‘Financially Sponsored’ student is defined as a student whose fees are being paid by their employer,
a third party or a government body. Any student being sponsored (e.g. by a company or public sector
organisation), needs to provide valid written evidence in the form of a sponsor letter of support for
each academic year when they complete enrolment. To be valid, a sponsor letter must:

• Be on the sponsor’s official letterhead


• Clearly state the full student name
• Include the student number
• Include the sponsored amount or the % proportion sponsored
• Provide the academic years for sponsorship
• Provide details of the course or programme
• Provide full details of where the invoice should be sent, including Sponsor contact name,
details, postal address and e-mail address
• Be signed by the person authorising the sponsorship
• Provide any reference number or purchase order for the organisation sponsoring
4

Please Note

• If a student tells the University that they are a sponsored student, but the University does
not receive a letter from their Sponsor then the student will become liable for the tuition
fees charged.

• The sponsor letter should be e-mailed to sponsor@bcu.ac.uk

• If relatives or personal friends are paying a student’s fees, the University does not consider
them to be official sponsors and the student will be treated as a self-funded student.

Once a sponsor agrees to fund a student, the sponsor pays the University directly for their tuition fees
in full; the University requires payment in full within 30 days of the date of invoice. There is no option
to accept direct debits or payment by instalments from sponsors. If the sponsor is funding less than
the full amount of the tuition fee, fails to pay or withdraws the sponsorship during the financial year
for any reason, it is then the student’s personal responsibility to pay any outstanding amounts.

If the sponsor refuses to pay the fees, then the debt will then revert back to the student after 90
days of the Sponsor being invoiced and it becomes the student’s responsibility to pay in full. If the
sponsor later goes into liquidation or receivership, the University will work with the student to find
a suitable payment arrangement, but the University will not waive any outstanding tuition fees.

Self-Funded

Students must pay tuition fees in full when they complete enrolment. Alternatively students can enrol
and agree to enter either a three or six month payment plan for the amount outstanding. Students
must clearly indicate their chosen option at enrolment. The instalments can be paid by Direct Debit
or reoccurring Credit or Debit payments and can be set up during the enrolment process or at the
prepayments webpage make a payment

Please note that a deposit of 25% of the total annual tuition fee is required up front for both the 3
month and the 6 month instalment plan

Payment Plan Options:

The deadlines for payment of the 25% deposit, which depend on the month of enrolment, are set
out in the table below. E.g. if a student enrols in September or October, the deadline for payment of
the 25% deposit is 1 November of the same academic year.
5

Date of Enrolment Payment of deposit deadline

September/October 1st November

January/February 1st March

April 1st June

Please note that where students fail to pay the 25% deposit within 30 days of the applicable
deadlines set out above, their access will be fully restricted with immediate effect until their
deposit is paid.

If a student defaults on the payment of an instalment, then sanctions will be applied.

The University reserves the right to apply sanctions for tuition fee/deposit/instalment debts which
include the restriction of access to the University and its services. A full list of sanctions, the services
a student would be restricted from and when the sanctions will be applied are detailed within the
Debt Management and Sanctions Policy.

The dates for payment of the instalments for the 3 month and 6 month plan are set out in the tables
below.

Three months Tuition Fee Payment Plan: These instalments are paid via Direct Debit from a UK bank
account or by a recurring debit/credit card.

Dates of payment for each instalment for the 3 month plan

Autumn / Spring / January Summer / April to


September intake intake June intake
1 1st December 1st April 1 July
st

2 1st February 1st June 1st August


3 1st April 1st August 1st September
6

Six months Tuition Fee Payment Plan: These instalments are paid via Direct Debit from a UK bank
account or by a recurring debit/credit card.

Dates of payment for each instalment for the 6 month plan

Autumn / Spring / January Summer / April to


September intake intake June intake
1 1st December 1st April 1 July
st

2 1st January 1st May 1st August


3 1st February 1st June 1st September
4 1st March 1st July 1st October
5 1st April 1st August 1st November
6 1st May 1st September 1st December

Distance Learning Students

Module Based Study:

If students are studying through a distance learning course at the University, the University will
calculate their tuition fees based on the modules they have chosen. The University will charge
additional tuition fees during their studies as and when they take additional modules. Students must
pay in full for each module when they complete enrolment on that particular module. Please note
the University cannot accept payments by instalments for these modules.

Block fees for a full year’s programme:

If students are studying a full year’s programme by distance learning, they will be eligible to pay by
instalments as set out in the Payment Plan Options above.

Block fees for less than a full year’s programme:

If students are studying less than a full year’s programme by distance learning, they must pay at least
50% of their tuition fees when they complete enrolment and the remaining balance of their tuition
fees within 30 days of when they enrol.

Short Courses:

A short course is any course which does not lead to a qualification or award, and/or which lasts no
longer than a 15 week period. If students are studying a short course then they must pay the course
fee in full when they complete enrolment. Students may pay short course fees by any method set out
in Section 3: Methods of Payment. However, please note direct debit is not available as a payment
method for Short Courses.
7

5. Fee Waivers, Bursaries and Professional and Career Development Loans

Students may be eligible to receive a Bursary, Fee Waiver or Fee Reduction from the University
towards their tuition fees. Students should contact their relevant faculty or visit the University’s
Finance and Money matters page (www.bcu.ac.uk/student-info/finance-and-money-matters) to see
full details and eligibility criteria.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

The University is registered with the Skills Funding Agency (SFA). Our Registration number is 10118.
The University will accept payment of all or part of tuition fees or short course fees from the SFA for
those that receive a Professional and Career Development Loan. Students must provide written
evidence of their loan when they complete enrolment. Students should send their loan payment
schedule quoting relevant payment dates and amounts to CreditM@bcu.ac.uk. If students do not
provide the University with written evidence of their loan, the University will treat the student as
self-funding and they will be personally responsible for their tuition fees.

6. Credits and Refunds:

The University will make a refund of tuition fees in the following circumstances:

• If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is
applicable following acceptance of the offer and again following enrolment. Unless the course
has already started (see below), any tuition fees and deposits already paid will be returned in
full.

• Where the course has already started prior to the student cancelling within the 14 day cooling
off period referred to above, the University will provide a refund but the student will be liable
to pay a proportion of the tuition fees on a pro rata basis to cover the period from the start of
the course to the date of cancellation which will be deducted from the refund provided.

• If a student withdraws from a course within two weeks of the course start date the University
will cancel all tuition fees in full and will return any fees paid (including any deposit) in advance
to the person or organisation that originally made the payment.

• Where a student withdraws from a course and it is outside the above 14 day cooling off period
or the 2 weeks after the course start date then the amount of refund will depend on the point
at which the withdrawal is recorded on the students account. Please refer to the Credit and
refund policy 2017/2018.

• A full refund is given if the University cancels the chosen course of study and cannot offer a
suitable alternative.
8

• Where exceptional circumstances apply which as a matter of fairness, require the University to
refund all or part of the tuition fees paid.

Students must send their claims for a refund to their relevant faculty for initial approval. In line with
our obligations under UK Money Laundering legislation the University is unable to make any refunds
in cash. The University also reserves the right to refuse or reject any financial transaction where the
University are unable to identify or trace the origin of the payment made. Please note that if the
University need to make a refund, the University will return funds to the person or organisation that
originally made the payment unless there are exceptional circumstances.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

7. Failure to Pay Fees

The University reserves the right to apply sanctions including the full restriction of access for the non-
payment of tuition fees in line with the procedure set out in the Debt Management & Sanctions Policy
as can be found here:

8. Help and Advice

If students require any help in understanding how this Policy affects them, or if they need to make the
University aware of any reasonable adjustments to meet the requirements of this Policy or have any
other questions they should contact the ASK student enquiry service by phoning 0121 331 7777, or
online at contact ASK, or in person at The Curzon Building (City Centre Campus) or the Baker Building
(City North Campus).
9

Birmingham City University

Tuition Fee Payment Policy for International Students – effective from 2017/18

1. Introduction

Birmingham City University (the University) is committed to a fair and transparent policy in respect of
tuition fees for students whilst also offering a range of methods in order to pay those fees.

The policy is reviewed annually and the University will ask students to agree to its terms as part of the
enrolment process at the start of each year of study.

Students remain responsible for the payment of their tuition fees, whether they have received an
invoice requesting payment or not, including where sponsorship, grant or loan agreements have been
approved. The University reserves the right to apply sanctions including the permanent exclusion of a
student for the non-payment of tuition fees in line with the procedure set out in the Debt
Management & Sanctions Policy.

2. Fees

The University is committed to providing a wide range of study options, so it is important that students
understand the cost of their chosen course. Students can find current course fees on the individual
course pages of the University’s website at https://www.bcu.ac.uk/courses.

All students will receive an emailed confirmation of their course and fee. Links to the fee and course
profile will be included in this email.

The University calculates fees based on programme of study, mode of attendance (whether full-time,
part-time, working-away or distance learning) and other factors where applicable. Fees will depend
on fee status which includes whether the student is UK or EU based.

The University strongly recommends that students plan how they will pay their fees at the earliest
opportunity. The payment options available will depend on each individual’s circumstances including
(but not limited to):

• The fee for their programme of study


• Whether the student receives sponsorship, scholarship or bursaries; and
• Whether the student receives a Tuition Fee Loan or Tuition Fee Grant from the Student Loans
Company (SLC) or similar funding from their home country]

Students will need to pay their tuition fees when they complete enrolment unless any of the following
apply:

• The University receives evidence from a student that they will receive a loan from the Student
Loans Company (SLC) or evidence of similar funding from their home country or
• A student provides evidence of sponsorship from an approved sponsor; or
10

• A student is eligible to pay their tuition fees in instalments (see Section 4 – Fee Categories: Self-
Funded).

IMPORTANT - The University reserves the right to restrict access to the University and its services
including all aspects of students’ programmes, University buildings and IT facilities for failure to pay
tuition fees/deposits/instalments on the terms set out in the Debt Management and Sanctions
Policy.

3. Methods of Payment

The University aims to provide all of our students with a flexible range of secure payment options so
that everyone has a payment method to suit them. The University accept all major credit and debit
cards with the exception of American Express.

Please note that when making a payment, if the University need to issue a refund the University will
return funds to the person or organisation that originally made the payment unless there are
exceptional circumstances. In the event that exceptional circumstances apply, a form of personal
and address identification will be required including a copy of the beneficiary’s bank statement.

To ensure that the University can identify monies paid, students should always give their Student
name and Student number as a reference when making any type of payment.

Online payment for students in the UK:

Students with a UK Bank Account can make a payment by a UK Debit card or Credit Card via the
following link

UK bank online payment for tuition or other fees.

Students with an international bank account can make a transfer or pay by an international Debit
card/Credit card for tuition fees and deposits through Pay to Study in their own currency with no
currency conversion fees and beneficial exchange rates. Pay to study also accept China Union Pay:

International bank online payment for tuition or other fees.

For details on other ways to pay please visit make a payment or contact the ASK Helpdesk situated
at either:

• The Curzon Building (City Centre Campus situated on the First Floor)
• The Baker Building (City North Campus situated on the First Floor)
• The Mary Seacole Building (City South Campus situated on the First Floor), or
• You can contact the ASK Helpdesk on 0121 331 7777
11

Where access to the University’s services have been restricted meaning you are unable to access
the buildings above, you will need to pay online via the link above or contact the ASK Helpdesk by
telephone.

4. Financially Sponsored Students

A ‘Financially Sponsored’ student is defined as a student whose fees are being paid by their employer,
a third party or a government body. Any student being sponsored (e.g. by a company or public sector
organisation), needs to provide valid written evidence in the form of a sponsor letter of support for
each academic year when they complete enrolment. To be valid, a sponsor letter must:

• Be on the sponsor’s official letterhead


• Clearly state the full student name
• Include the student number
• Include the sponsored amount or the % proportion sponsored
• Provide the academic years for sponsorship
• Provide details of the course or programme
• Provide full details of where the invoice should be sent, including Sponsor contact name,
details, postal address and e-mail address
• Be signed by the person authorising the sponsorship
• Provide any reference number or purchase order for the organisation sponsoring

Please Note

• If a student tells the University that they are a sponsored student, but the University does
not receive a letter from their Sponsor then the student will become liable for the tuition
fees charged.

• The sponsor letter should be e-mailed to sponsor@bcu.ac.uk

• If relatives or personal friends are paying a student’s fees, the University does not consider
them to be official sponsors and the student will be treated as a self-funded student.

Once a sponsor agrees to fund a student, the sponsor pays the University directly for their tuition fees
in full; the University requires payment in full within 30 days of the date of invoice. There is no option
to accept direct debits or payment by instalments from sponsors. If the sponsor is funding less than
the full amount of the tuition fee, fails to pay or withdraws the sponsorship during the financial year
for any reason, it is then the student’s personal responsibility to pay any outstanding amounts.

If the sponsor refuses to pay the fees, then the debt will be then reverted back to the student after
90 days of the Sponsor being invoiced and it becomes the student’s responsibility to pay in full. If
the sponsor later goes into liquidation or receivership, the University will work with the student to
find a suitable payment arrangement, but the University will not waive any outstanding tuition fees.
12

5. Self-Funded international students

Tuition fee deposits

On Application (by CAS deadline) £1,500


At online enrolment 50% of tuition fees

International students must pay a tuition fee deposit of £1,500 which will be outlined in the offer letter
received from the University. The student must pay the £1,500 in order to demonstrate to the Entry
Clearance Officer, who will assess their visa application, that they are a serious applicant with a
genuine commitment to studying at the University. The student will be expected to pay this in good
time to obtain their Confirmation of Acceptance for Studies (CAS) number before the cut-off deadline
but it does not need to be paid unless or until an Unconditional Offer is received. In some instances,
there is also a requirement for the University to receive a scanned copy of a financial or bank
statement from the student, which proves that they can meet the UK Visa and Immigration (UKVI) Tier
4 student visa requirement. Further information can be found at the Government website.

The University requires all International Students to pay at least 50% of their tuition fees when they
complete enrolment (this is inclusive of the £1,500 deposit already paid). If the payment of the 50%
of tuition fees remains outstanding within 30 days of the deadline for payment set out in the table
below, then the University reserves the right to fully restrict the student’s access to the University
with immediate effect in line with the Debt Management and Sanctions policy

The deadlines for payment of the 50% tuition fees, which depend on the month of enrolment, are
set out in the table below. E.g. if a student enrols in September or October, the deadline for
payment of the 50% tuition fees is 1 November of the same academic year.

Date of Enrolment Payment of deposit deadline

September/October 1st November

January/February 1st March

April 1st June

If an international student pays more than 50% of the tuition fees, the University will deduct this
additional amount from the total remaining tuition fees outstanding. This means that it is not possible
to subsequently draw on this money to pay for living or accommodation costs, and the University will
not refund any of this payment save as where required to by the Credit and Refund policy. For further
information please refer to.
13

For example:-

If a student’s tuition fees are £14,000 then a 50% deposit of £7,000 is required. If a payment of £9,000
is received then the balance of £2000 will be used to clear £2,000 from the remaining £7,000 balance
of tuition fees unless the student withdraws from the course. Then the amount refunded will be in
accordance with the Credit and Refund Policy.

Once a payment for tuition fees is received either in the form of a deposit or subsequent payments,
then no refund will be made to reverse this receipt to allow the student to repay it again at a later
date. Please refer to the International Office published CAS deadlines

For the remaining 50% of tuition fees, the students have the option of either paying them in full
either before or at enrolment, or they can enter into a payment plan.

Paying in full

Students can make one off payments in order to clear their account either ahead of enrolments or
following enrolment. A payment can be made via the following link make a payment
International Students who pay their tuition fees in full and meet the relevant deadlines set out in the
table below are entitled to receive a prompt payment discount of £300. Students should deduct £300
from those fees if they plan to meet these criteria. If the University receive payment after the close
of business on the dates set out in the table the student will not be entitled to a discount.

Students must be studying full time for a full academic year on campus to be eligible for the prompt
payment discount. Please note if students are coming to study ACCA they will not be eligible for this
discount.

Prompt Payment Discount Deadlines

Date of Enrolment Payment Deadline for Discount to apply

September/October 1st November

January/February 1st March

April 1st June

If students fail or forget to deduct £300 from their fee payment after meeting the above criteria, the
University will refund the £300 on a once a term basis after 30 days but no later than 60 days after the
payment deadline. The students should notify Finance if they feel they are entitled to a discount but
have not yet received a refund.

Please note: the University can only make refunds to the person or organisation that originally made
the payment.
14

Payment Plan Options:

All students must clearly indicate their chosen option at enrolment. As set out above, the University
requires that 50% of the tuition fees are paid at enrolment (inclusive of the £1,500 deposit) for
students to pay their tuition fees via one of the payment plans below. The remaining 50% of the
fees due will be split amongst the three or six payment plan options shown below.

If a student defaults on the payment of an instalment, the University reserves the right to apply
sanctions including the restriction of access to the University and its services. A full list of the
services a student would be restricted from and when those sanctions are applied is detailed within
the Debt Management and Sanctions Policy.

The dates for payment of the instalments for the 3 month and 6 month plan are set out in the tables
below.

Three months Tuition Fee Payment Plan

Autumn / Spring / January Summer / April to


September intake intake June intake
1 1st December 1st April 1 July
st

2 1st February 1st June 1st August


3 1st April 1st August 1st September

Six months Tuition Fee Payment Plan

Autumn / Spring / January Summer / April to


September intake intake June intake
1 1st December 1st April 1 July
st

2 1st January 1st May 1st August


3 1st February 1st June 1st September
4 1st March 1st July 1st October
5 1st April 1st August 1st November
6 1st May 1st September 1st December

6. US Federal Loans

The University is registered to accept funding from the US Federal Loans scheme (this is available to
US Citizens only). If a student chooses to fund their studies with a US Federal Loan, they must comply
with the US Department of Education’s legislation regarding this scheme. The University will accept
and administer funds the University receives in line with legislation governing the distribution of these
funds; the University cannot distribute funds early, so it is important that all students have the
appropriate funding in place for living costs until the appropriate date of distribution.
15

The distribution dates can vary depending on the student’s course start date and the completion of
eligibility documentation. For the majority of students the three distribution dates for 2017/18 are as
follows:

• 19th September 2017 (1st Instalment)


• 9th January 2018 (2nd Instalment)
• 24th April 2018 (3rd Instalment)

If the University does not receive written evidence of a US Federal Loan, or if the University does not
receive funds to cover all or part of their tuition fees from a US Federal Loan, the University will class
the student as a Self-Funding student and they will be personally liable for payment of their tuition
fees.

7. Credits and Refunds:

The University will make a refund of tuition fees in the following circumstances

• If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is
normally applicable following acceptance of the offer and again following enrolment. Unless the
course has already started (see below), any tuition fees and deposits already paid will be
returned in full

• Where the course has already started prior to the student cancelling within the 14 day cooling
off period referred to above, the University will provide a refund but the student will be liable
to pay a proportion of the tuition fees on a pro rata basis to cover the period from the start of
the course to the date of cancellation which will be deducted from the refund provided

• If a student withdraws from a course within two weeks of the course start date the University
will cancel all tuition fees in full and will return any fees paid (including any deposit) in advance
to the person or organisation that originally made the payment

• Where a student withdraws from a course and it is outside the above 14 day cooling off period
or the 2 weeks after the course start date then the amount of refund will depend on the point
at which the withdrawal is recorded on the international students account. Please refer to the
Credit and refund policy 2017/2018.

• A full refund is given if the University cancels the chosen course of study and cannot offer a
suitable alternative

• Where exceptional circumstances apply which as a matter of fairness, require the University to
refund all or part of the tuition fees paid.
16

As set out above, the University will refund the tuition fee deposit where an applicant cancels within
the 14 day cooling off period. The University will also refund an applicant’s tuition fee deposit
where the reason for not taking up the accepted place on the University programme is deemed by
the University in its absolute discretion to be genuine and outside of the applicant’s control, such as
in the following circumstances:

• Where a student visa application is rejected in writing by the Embassy/High Commission, subject
to the provisions relating to fraudulent applications below. Should a visa application be
rejected, the University requires the applicant to provide:
- A request in writing for a refund
- A copy of the full Visa Rejection Notification from the High Commission

• Where the applicant fails to meet the University’s academic entry requirements

• Where there are exceptional circumstances beyond the applicant’s control such as illness or
death of an immediate member of family

An application for this type of refund must be supported by Certified Documents such as a
Doctor’s certificate and / or relevant documents verifying the situation. Decisions regarding
exceptional circumstance refunds are at the discretion of the Head of Admissions and
Conversion in the International Office.

• In the event of a default by the University due to the following circumstances:


- when the University does not offer a course on the advertised start date
- when the University terminates a course after the course start date and before the
course completion date
- when the University does not provide a course as advertised, due to circumstances
beyond its control

In order to protect the interests of genuine international students and the University, refunds will
not be given in the following circumstances:

• Once the applicant/student has arrived in the UK or after the commencement date of the
course, save as where the University considers in its absolute discretion for exceptional
circumstances to be applicable.

• If the UKVI has cancelled a visa as a result of a breach of visa conditions, or if a visa application is
refused by the UKVI because the UKVI concluded that the application was made using falsified
documents.

• Similarly, where the UKVI or the University has determined that fraudulent documents are used
or submitted at any other stage of the process including at the time of application or enrolment.

Any requests for refunds should be sent to Nicola Lawley, Head of Admissions and Conversion,
International Office, nicola.lawley@bcu.ac.uk.

In line with its obligations under UK Money Laundering legislation the University is unable to make
any refunds in cash. The University also reserves the right to refuse or reject any financial transaction
where the University are unable to identify or trace the origin of the payment made. Refunds will be
17

processed within 30 days of Finance receiving the request. Please note the University can only make
refunds to the person or organisation that originally made the payment unless there are exceptional
circumstances.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

8. Failure to Pay Fees

The University reserves the right to apply sanctions including the full restriction of access for the
non-payment of tuition fees in line with the procedure set out in the Debt Management & Sanctions
Policy

9. Help and Advice

If students require help in understanding how this Policy affects them, or if they need to make the
University aware of any reasonable adjustments to meet the requirements of this policy or if they
have any other questions they should contact the ASK student enquiry service by phoning 0121 331
7777, or online at contact ASK , or in person at The Curzon Building (City Centre Campus) or the Baker
Building (City North Campus).
18

Birmingham City University

Tuition Fee Payment Policy for Research Students – effective from 2017/18

1. Introduction

Birmingham City University (the University) is committed to a fair and transparent policy in respect of
tuition fees for students whilst also offering a range of methods in order to pay those fees.

The policy is reviewed annually and the University will ask students to agree to its terms as part of the
enrolment process at the start of each year of study.

Students remain responsible for the payment of their tuition fees at all times, whether they have
received an invoice requesting payment or not, including where sponsorship, grant or loan
agreements have been approved. The University reserves the right to apply sanctions including the
permanent exclusion of a student for the non-payment of tuition fees in line with the procedure set
out in the Debt Management & Sanctions Policy.

2. Fees

The University is committed to providing a wide range of study options, so it is important that students
understand the cost of their chosen course. Students can find current course fees on the individual
course pages of the University’s website at https://www.bcu.ac.uk/courses.

All students will receive an emailed confirmation of their course and fee. Links to the fee and course
profile will be included in this email.

The University calculate fees based on programme of study, mode of attendance (whether full-time,
part-time, or part time, distance learning) and other factors where applicable. Fees will depend on fee
status which includes whether the student is UK or EU based.

The University strongly recommends that students plan how they will pay their fees at the earliest
opportunity. The payment options available will depend on each individual’s circumstances including
(but not limited to):

• The fee for their programme of study


• Whether the student receives sponsorship, scholarship or bursaries; and
• Whether the student receives a Tuition Fee Loan or Tuition Fee Grant from the Student Loans
Company (SLC).

Students will need to pay their tuition fees when they complete enrolment unless and of the following
apply:

• The University receives evidence from a student that they will receive a loan from the Student
Loans Company (SLC); or
• A student provides evidence of sponsorship from an approved sponsor; or
19

A student is eligible to pay their tuition fees in instalments (see Section 4 – Fee Categories: Self-
Funded).

IMPORTANT - The University reserves the right to restrict access to the University and its services
including all aspects of students’ programmes, University buildings and IT facilities for failure to pay
tuition fees/deposits/instalments on the terms set out in the Debt Management and Sanctions
Policy.

3. Methods of Payment

The University aims to provide all of our students with a flexible range of secure payment options so
that everyone has a payment method to suit them. The University accepts all major credit and debit
cards with the exception of American Express.

Please note that when making a payment, if the University needs to issue a refund the University
will return funds to the person or organisation that originally made the payment unless there are
exceptional circumstances. In the event that exceptional circumstances apply, a form of personal
and address identification will be required including a copy of the beneficiary’s bank statement.

To ensure that the University can identify monies paid, students should always give their Student
name and Student number as a reference when making any type of payment.

Online payment for students in the UK:

Students with a UK Bank Account can make a payment by a UK Debit card or Credit Card via the
following link

UK bank online payment for tuition or other fees.

Students with an international bank account can make a transfer or pay by an international Debit
card/Credit card for tuition fees and deposits through Pay to Study in their own currency with no
currency conversion fees and beneficial exchange rates. Pay to study also accept China Union Pay:

International bank online payment for tuition or other fees.

For details on other ways to pay please visit make a payment or contact the ASK Helpdesk situated
at either:

• The Curzon Building (City Centre Campus situated on the First Floor)
• The Baker Building (City North Campus situated on the First Floor)
• The Mary Seacole Building (City South Campus situated on the First Floor), or
• You can contact the ASK Helpdesk on 0121 331 7777
20

Where access to the University’s services have been restricted meaning you are unable to access the
buildings above, you will need to pay online via the link above or contact the ASK Helpdesk by
telephone.

4. Financially Sponsored Students

A ‘Financially Sponsored’ student is defined as a student whose fees are being paid by their employer,
a third party or a government body. Any student being sponsored (e.g. by a company or public sector
organisation), needs to provide valid written evidence in the form of a sponsor letter of support for
each academic year when they complete enrolment.

To be valid, a sponsor letter must:

• Be on the sponsor’s official letterhead


• Clearly state the full student name
• The student number
• The sponsored amount or the % proportion sponsored
• Provide the academic years for sponsorship
• Provide details of the course or programme
• Provide full details of where the invoice should be sent, including Sponsor contact name,
details, postal address and e-mail address
• Be signed by the person authorising the sponsorship
• Provide any reference number or purchase order for the organisation sponsoring

Please Note

• If a student tells the University that they are a sponsored student, but the University does
not receive a letter from their Sponsor then the student will become liable for the tuition
fees charged.

• The sponsor letter should be e-mailed to sponsor@bcu.ac.uk

• If relatives or personal friends are paying a student’s fees, the University does not consider
them to be official sponsors and the student will be treated as a self-funded student.

Once a sponsor agrees to fund a student, the sponsor pays the University directly for their tuition fees
in full; the University requires payment in full within 30 days of the date of invoice. There is no option
to accept direct debits or payment by instalments from sponsors. If the sponsor is funding less than
the full amount of the tuition fee, fails to pay or withdraws the sponsorship during the financial year
for any reason, it is then the student’s personal responsibility to pay any outstanding amounts.

If the sponsor refuses to pay the fees, then the debt will be then reverted back to the student after
90 days of the Sponsor being invoiced and it becomes the student’s responsibility to pay in full. If
the sponsor later goes into liquidation or receivership, the University will work with the student to
find a suitable payment arrangement, but the University will not waive any outstanding tuition fees.
21

5. Students in Final Year

This element of the policy applies as follows:

Full Time: Year 4 of study (Intake September, February or May).

Part Time: Year 6 of study (intake September, February or May).

In the year as specified above, in anticipation of the research student’s writing up of their thesis for
examination, a specific fee levy will be introduced:

Full Time: £0 for the first 6 months of that academic session.

Part Time: £0 for the first 12 months of that academic session.

Fees would be reinstated if the thesis had not been submitted for examination by:

Full Time: month 7 of the Year 4 academic session

Part Time: month 1 of Year 7.

The University will then charge students an ongoing monthly fee, equivalent to one month of the
annual fee, by Reoccurring Debit/Credit card payment or Direct Debit payment make a payment until
they submit their final work. If the student withdraws from the course, the University will calculate
their fee on the same pro-rata basis. If the outcome of the examination is successful then no further
fees would be due, however if the examination is unsuccessful and more work is required to remediate
their work further fees will apply; students should contact their faculty for further information.

6. Credits and Refunds:

The University will make a refund of tuition fees in the following circumstances

• If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is
normally applicable following acceptance of the offer and again following enrolment. Unless the
course has already started (see below), any tuition fees and deposits already paid will be
returned in full.

• Where the course has already started prior to the student cancelling within the 14 day cooling
off period referred to above, the University will provide a refund but the student will be liable
to pay a proportion of the tuition fees on a pro rata basis to cover the period from the start of
the course to the date of cancellation which will be deducted from the refund provided.

• If a student withdraws from a course within two weeks of the course start date the University
will cancel all tuition fees in full and will return any fees paid (including any deposit) in advance
to the person or organisation that originally made the payment.
22

• Where a student withdraws from a course and it is outside the above 14 day cooling off period
or the 2 weeks after the course start date then the amount of refund will depend on the point
at which the withdrawal is recorded on the students account. Please refer to the Credit and
refund policy 2017/2018.

• If the University cancels the chosen course of study and cannot offer a suitable alternative.

• Where exceptional circumstances apply which as a matter of fairness, require the University to
refund all or part of the tuition fees paid.

Students must send their claims for a refund to their relevant faculty for initial approval and in line
with its obligations under UK Money Laundering legislation the University is unable to make any
refunds in cash. The University also reserves the right to refuse or reject any financial transaction
where the University are unable to identify or trace the origin of the payment made.

Please note that if the University need to make a refund the University will return funds to the
person or organisation that originally made the payment. This means that student fees paid by
sponsors, parents or any other individual (apart from the student) cannot be refunded to the
student. Unless there are exceptional circumstances.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

7. Fee Waivers, Bursaries and Professional and Career Development Loans

Students may be eligible to receive a Bursary, Fee Waiver or Fee Reduction from the University
towards their tuition fees. Please contact the relevant faculty or visit the Finance and Money Matters
pages on our website to see full details and eligibility criteria currently available.

The University is registered with the Skills Funding Agency (SFA). Our Registration number is 10118.
The University will accept payment of all or part of tuition fees or short course fees from the SFA for
those that receive a Professional and Career Development Loan. Students must provide written
evidence of their loan when they complete enrolment. Students should send their loan payment
schedule quoting relevant payment dates and amounts to CreditM@bcu.ac.uk. If the student does not
provide us with written evidence of their loan then the University will class the student as self-funding
and personally responsible for their tuition fees.

8. Failure to Pay Fees


23

The University reserves the right to apply sanctions for the non-payment of tuition fees including the
full restriction of access in line with the procedure set out in the Debt Management & Sanctions
Policy.

9. Help and Advice

If students require any help in understanding how this Policy affects them, or if they need to make the
University aware of any reasonable adjustments to meet the requirements of this policy or if they
have any other questions they should contact the ASK student enquiry service by phoning 0121 331
7777, or online at contact ASK , or in person at The Curzon Building (City Centre Campus) or the Baker
Building (City North Campus).
24

Birmingham City University

Credit and Refund Policy – effective from 2017/18

1. Introduction

This policy sets out how the University calculates refunds and reductions to fees for students who
have enrolled on a course or programme of study.

The policy also provides guidance for:

• Dealing with fee waivers or bursary payments that may require cancellation or
withdrawal after they have been given
• Cases where the University does not pay fee waivers or bursaries
• Credit and refund requests for non-tuition fees
• Credit and refund requests made by commercial and non-student customers

2. Tuition Fee Refunds and Charges

You should tell your faculty as soon as possible and before the start of term if applicable/possible, if
you wish to claim a reduction or cancellation of tuition fees, or a refund of payments for the
following reasons:

• Leaving the course without completing the full study programme


• Not starting or attempting the course or programme
• Interrupting your study
• Returning from an interruption of study
• Withdrawing from your course
• Transferring to another programme within the University
• Transferring to another university or teaching establishment

The University will tell you if you are eligible for a refund and calculate your refund or your continuing
fees.

There may be cases where circumstances are beyond your control; these are known as ‘extenuating
circumstances’. If you believe you have extenuating circumstances your request in writing together
with any supporting documentation needs to be sent to your faculty or the department providing the
service.

For details of the university’s charges, please refer to Appendix A: Credit and Charging Matrix, also
available via the following link: https://icity.bcu.ac.uk/Finance/Accounts-Receivable
25

When is a refund due?

• If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is
normally applicable following acceptance of the offer and again following enrolment. Unless the
course has already started (see below), any tuition fees and deposits already paid will be
returned in full.

• Where the course has already started prior to the student cancelling within the 14 day cooling
off period referred to above, the University will provide a refund but the student will be liable
to pay a proportion of the tuition fees on a pro rata basis to cover the period from the start of
the course to the date of cancellation which will be deducted from the refund provided.

• If a student withdraws from a course within two weeks of the course start date the University
will cancel all tuition fees in full and will return any fees paid (including any deposit) in advance
to the person or organisation that originally made the payment (This does not apply to students
studying modular courses (see 3.7 below).

• Where a student withdraws from a course and it is outside the above 14 day cooling off period
or the 2 weeks after the course start date then the amount of refund will depend on the point
at which the withdrawal is recorded on the students account (see term dates and refund
categories below).

• A full refund is given if the University cancels the chosen course of study and cannot offer a
suitable alternative.

• Where exceptional circumstances apply which as a matter of fairness, require the University to
refund all or part of the tuition fees paid.

As set out above, the University will refund the tuition fee deposit where an applicant cancels within
the 14 day cooling off period. The University will also refund an applicant’s tuition fee deposit
where the reason for not taking up the accepted place on the University programme is deemed by
the University in its absolute discretion to be genuine and outside of the applicant’s control, such as
in the following circumstances:

• For International students where a student visa application is rejected in writing by the
Embassy/High Commission, subject to the provisions relating to fraudulent applications below.
Should a visa application be rejected, the University requires the applicant to provide:
- A request in writing for a refund
- A copy of the full Visa Rejection Notification from the High Commission

• Where the applicant fails to meet the University’s academic entry requirements

• Where there are exceptional circumstances beyond the applicant’s control such as illness or
death of an immediate member of family
26

An application for this type of refund must be supported by Certified Documents such as a
Doctor’s certificate and / or relevant documents verifying the situation. Decisions regarding
exceptional circumstance refunds are at the discretion of the Head of Admissions and
Conversion in the International Office for the International students.

• In the event of a default by the University due to the following circumstances:


- when the University does not offer a course on the advertised start date
- when the University terminates a course after the course start date and before the
course completion date
- when the University does not provide a course as advertised, due to circumstances
beyond its control

In order to protect the interests of genuine students and the University, refunds will not be given in
the following circumstances:

• For International students, once the applicant/student has arrived in the UK or after the
commencement date of the course, save as where the University considers in its absolute
discretion for exceptional circumstances to be applicable.

• For International students, if the UKVI has cancelled a visa as a result of a breach of visa
conditions, or if a visa application is refused by the UKVI because the UKVI concluded that the
application was made using falsified documents.

• Similarly, for International students where the UKVI or the University has determined that
fraudulent documents are used or submitted at any other stage of the process including at the
time of application or enrolment.

Any requests for refunds for International students should be sent to Nicola Lawley, Head of
Admissions and Conversion, International Office, nicola.lawley@bcu.ac.uk.

Any requests for refunds from home/EU students should send their claims for a refund to their
relevant faculty for initial approval and in line with its obligations under UK Money Laundering
legislation the University is unable to make any refunds in cash. The University also reserves the right
to refuse or reject any financial transaction where the University are unable to identify or trace the
origin of the payment made.

Please note that if the University needs to make a refund the University will return funds to the
person or organisation that originally made the payment. This means that student fees paid by
sponsors, parents or any other individual (apart from the student) cannot be refunded to the
student. Unless there are exceptional circumstances.

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

In line with its obligations under UK Money Laundering legislation the University is unable to make
any refunds in cash. The University also reserves the right to refuse or reject any financial transaction
where the University are unable to identify or trace the origin of the payment made. Refunds will be
processed within 30 days of Finance receiving the request. Please note the University can only make
27

refunds to the person or organisation that originally made the payment unless there are exceptional
circumstances.

2.1 The no charge rule for tuition fees

If you withdraw from the course within two weeks of the course start date the University will cancel
all tuition fees in full and will return any fees paid in advance to the person who originally paid.

This does not apply to students studying modular courses (see 3.7 below).

2.2 Cancelling the contract within the 14 day cooling off period

If an applicant cancels their place within the 14 day cooling off period pursuant to the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which is normally
applicable following acceptance of the offer and again following enrolment, unless the course has
already started (see below), any tuition fees and deposits already paid will be returned in full.

Where the course has already started prior to the student cancelling within the 14 day cooling off
period referred to above, the University will provide a refund but the student will be liable to pay a
proportion of the tuition fees on a pro rata basis to cover the period from the start of the course to
the date of cancellation which will be deducted from the refund provided.

3 Term Dates and Refund Categories

The University will confirm if you are eligible for a refund and calculate your refund based on when
you withdraw from the course during the academic year.

The actual start dates for studies will vary across the University depending on the length and teaching
programme in line with the academic calendar for the course or programme. The faculty delivering
the study programme will confirm the term dates and the level of tuition fees applicable. These details
can be found on the individual course pages on the University’s website
at https://www.bcu.ac.uk/courses.

The table below sets out the cut off periods for each term for charging purposes. Term dates are based
on the first working day of a new term. Any date prior to that first working day is treated as the
previous term for the purposes of cut off periods.
28

Table 1

September 2017 Intake Term Dates for charging purposes

Term 1 Course start date up to 31.12.2017

Term 2 01.01.2018 up to 31.03.2018

Term 3 01.04.2018 up to 31.07.2018

January 2018 Intake Term Dates for charging purposes

Term 1 Course start date up to 31.03.2018

Term 2 01.04.2018 up to 31.07.2018

Term 3 Course start date up to 31.12.2018

3.1 Further Education and Undergraduate Level Students (Home and EU)

Please see the categories set out below.

• FE - Further Education aimed generally at 16-18 year old students or any course that carries
accreditation below or leading up to undergraduate level.
• Undergraduate level – all students charged at home fee status, therefore excluding any fees
charged as international status.
• Postgraduate Level – courses that are registered for SLC funding only.
• ELQ – Equivalent Learning Qualification, where a student studies at an undergraduate level
and already has a qualification at the same level.

If you are studying at undergraduate level the University will charge you in line with its standard term
dates regardless of funding source or who is paying your fees, which are set out in table 2 below.

Table 2

This table applies to Student Loan Company (SLC) funded students only

Term one Term two Term three

SLC Liability and Funding Periods Course start date 01/01/2018 01/04/2018
September 2017 Intake

SLC Liability and Funding Periods Course start date 01/04/2018 01/07/2018

January 2018 Intake


29

The above does not apply to you if you are:


• on a modular course (see item 3.7)
• taking a short course (see item 3.6)

Table 3
This table applies to a Standard undergraduate taught period and confirms the amount of tuition
fees that students must pay if they withdraw, interrupt or transfer on or after the first working
day of a new term. Any date prior to that first working day is treated as the previous term.

Term one Term two Term three

Amount of tuition fees 25% of fees to 50% of fees 100% of fees


pay to pay to pay

For example, if you withdraw during term two, you will have to pay 50% of your tuition fees.

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:
• If you are self-funding paying directly or via a parent or guardian to the University.
• Students who have applied for and secured full or partial funding via the Student Loan Co
(SLC), including those studying at postgraduate level where funding is confirmed.
• If you are a sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.

3.2 Postgraduate and Professional Level Students (Home and EU)

If you are studying a course at postgraduate level regardless of who is paying your tuition fees, the
University will charge you in line with our standard term dates that are published. See Table 1 above
for a standard 33 or 48 week taught period

Table 4

Term one Term two Term three

Amount of tuition fees 33% of fees 66% of fee to 100% of fees


to pay pay to pay
30

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:

• If you are Self-funding paying directly or via a parent or guardian to the University.
• If you are a Sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.
• If you are a SLC funded postgraduate student, the University will charge you in line with Table
1.

This rule does not apply if you are:

• on a modular course (see item 3.7)


• on a short courses (see item 3.6)

3.3 International Students

If you are an international student the University will charge you an international fee each term in line
with your course delivery as decided by the faculty providing the course or study programme. The
dates in Table 1 are for guidance only based on our standard academic calendar. Where there are
variations from these dates, the faculty delivering the study programme will confirm the fees payable
based on the actual date of the change in study in line with their academic calendar for the course or
programme. See table 5 for a standard 33 or 48 week taught period.

Table 5

Term one Term two Term three

Amount of tuition fees 33% of fees 66% of fees 100% of full


to pay to pay fees to pay

This tuition fee charge rule applies to you if you pay your tuition fees in any of the following ways:
• If you are self-funding paying directly or via a parent or guardian to the University.
• If you are a sponsored student funded by an employer or third party organisation. A sponsor
is a company, government body, employer, charitable or third party non-domestic
organisation; a relative, individual or friend is not deemed an official sponsor.

This rule does not apply if you are:


• on a modular course (see item 3.7)
• on a short courses (see item 3.6)
31

3.4 Research Students

3.4.1 New or Continuing Research Students (Non-Final Year)

Research degree students may enrol in September or February (or, extraordinarily, in May) each
academic year. Study is research rather than attendance based so the exact date when you withdraw
can be difficult to calculate. In order to allow a fair and practical solution, the University will calculate
the amount of fees you have to pay and whether you are entitled to a credit / refund on a pro rata
basis depending on the actual date you withdraw, interrupt or transfer your study programme, using
the table below.
32

Table 6

Study Change Study Change Study Change


Occurs Fee Liability Occurs Fee Liability Occurs Fee Liability

Within 2 weeks No Fees Within 2 weeks Within 2 weeks of


No Fees Due No Fees Due
of course start Due of course start course start

01/09/2017 to 01/02/2018 to 01/05/2018 to


25% of fees 25% of fees 25% of fees
30/11/2017 30/04/2018 31/07/2018
Start Date Start Date Start Date
01/12/2017 to 01/05/2018 to 01/08/2018 to
Sept 2017 50% of fees Feb 2018 50% of fees May 2018 50% of fees
28/02/2018 31/07/2018 31/10/2018

01/03/2018 to 01/08/2018 to 01/11/2018 to


75% of fees 75% of fees 75% of fees
31/05/2018 31/10/2018 31/01/2019

01/06/2018 to 01/11/2018 to 01/02/ 2019 to


100% of fees 100% of fees 100% of fees
31/08/2018 31/01/2019 30/04/2019
33

3.5 Externally Funded and Full Cost Courses

3.5.1 Externally Funded

For those courses where the University must follow the fee payment terms and charging policies
imposed by an external organisation (e.g. the Law Society) as a condition of running that course, the
University will charge you in line with the external organisation’s regulations. In such cases, those
regulations will override this policy and the University will use the regulations to confirm the amount
payable.

3.6 Students on Short Courses

These are courses which do not give an award or courses that do not run longer than 15 weeks.
Save as in exceptional circumstances, the University does not consider a full credit or refund in the
following circumstances:

 Save as when 2.2 applies, if the course has started and you have taken part or started
studying.
 If the University cannot recover the costs the University have incurred preparing for the
course.

The faculty or department delivering the programme must confirm instances where credits and
refunds may apply; the budget holder responsible for course provision will be responsible for advising
the Accounts Receivable Manager of instances where it is appropriate to cancel fees. The University
will deduct any administration fees or overheads reasonably incurred by the University from the credit
or refund due.

3.7 Students on Modular Courses

If you are charged on a module by module basis (including students on a distance learning course),
the rules below apply for charging, cancellations and refunds. Please note: the Two Week No-Charge
Rule will not apply to you, as detailed in item 2.1.

If you withdraw after a module start date and you have attended, engaged or taken part in the module
in any way, you must pay in full for the module and will not be eligible for a refund or cancellation
save as in respect of the refund set out at 2.2 above where applicable

If you withdraw before a module start date or you have not attended, engaged or taken part in the
module in any way, the University will cancel the module charge in full and you will be eligible for a
refund if you have already paid us.

If you deselect a before a module start date and you have not attended, engaged or taken part in the
module in any way, the University will cancel the module in full and you will be eligible for a refund if
you have already paid us.

3.8 Distance Learning

If you are studying a University distance learning course or programme, the University will charge you
on a module by module basis as stated in item 3.
34

If you are studying by distance learning and need to pay a block fee assessment, the University will
charge you as follows: All durations of study where Block Fee assessment takes place (not module
based charges)

Table 7 Term one Term two Term three

Start date Start date Start date

Amount of tuition fees 33% of fee 66% of fee 100% of fee


liability liability liability

4. Registration, Residential and Other Tuition Related Fees

4.1 Registration Fees

For courses where the University must follow an external organisation’s fee payment or registration
requirements, the external body will be responsible for cancellations or refunds. If you withdraw or
take an interruption of study from a course, you will have to pay registration fees and these are non-
refundable.

4.2 Residential and Other Course Fees

Subject to 2.2 above, if you withdraw or interrupt a study programme which involves a residential, the
University will only refund your residential fees if you withdraw before the residential trip has taken
place.

You are not eligible for a refund of residential fees once a residential has taken place. The University
will charge you for any costs the University incurs if you cancel.

Your faculty should forward refunds for other fees to the Accounts Receivable Manager once they
have been approved by the Executive Dean or approved nominee.

5. Returning from an Interruption to Study or Resuming a Course or Study programme

If you are temporally interrupting your studies you may still be entitled to a credit or a refund but
the credit or refund will remain on your account until you return.

So if you are returning from a temporary interruption to continue the remaining year of your course
or programme within the same academic or a subsequent academic year the retained balance of
monies paid will be reapplied to any outstanding balance of fees charged on your return. The fees
charged will be those fees that are applicable when you return.

Please note the University will charge you at the fee rate applicable for the year in which the
interruption occurred.
35

If you return and re-take any study previously delivered, or repeat any aspects of the course or
programme already undertaken, the faculty reserves the right to re-charge any elements already
delivered that you choose to re-take or need to re-take in order to complete the course. This may
result in an increase to overall cost of the original course or programme, if repeat study is necessary
for course completion or revision purposes.

6. Transferring Study

6.1 Transferring within Birmingham City University

If you transfer during the academic year the University will charge you in line with the terms set out
in item 3, as applicable depending on the student and study type. The University will calculate
charges for the amount due based on the time spent on each course and when the transfer takes
place.

6.2 Transferring into Birmingham City University from another University

If you are receiving funding from SLC, the University will calculate your fees at the point at which you
join the University in line with the term dates in Table 2.

The previous institution who claimed the original payment will keep any SLC fees paid to them before
your transfer to us. Any fees paid to a previous institution (excluding SLC funding), are subject to the
terms and conditions for charging and refunds of the previous institution; therefore you should discuss
such claims directly with the original institution. The University will charge fees for the course or study
programme as standard unless otherwise agreed by the faculty.

6.3 Transferring from Birmingham City University to another institution


If you are transferring to another institution the University will charge you for withdrawing from your
course in line with the terms set out in item 3. The University will keep any fees paid including SLC
funding to cover your charges due to us up to the point of transfer.

7. Fee Waivers, Bursaries and Discounts

Where a student has withdrawn before the period of study is completed, all tuition fee refunds are
calculated on the gross tuition fee (i.e. the published fee) rather than the fee after a fee waiver,
reduction or discount has been applied to a student’s account.

For details and clarification of when awards, bursaries or fee waivers will or will not be reversed,
please refer to Appendix A: Credit and Charging Matrix.

8. Student Fees and Charges - Non Tuition / Other Fees

The relevant budget holder or approved nominee in the faculty or department that provided or
intended to provide the service or goods will consider requests for the cancellation of non-tuition
fee income or the return of pre-payments. To include, for example:
36

• Accommodation fees
• Library fines and fees
• Car parking
• Printing, stationery and materials
• Payments made because of award ceremonies, fees, charges, certificates or transcripts.
• Tickets to events, seminars, external functions or third party items whether directly or
indirectly arranged by us will be subject to the terms and conditions detailed at the time of
booking by the service provider. The University accept no liability for any losses or costs
incurred as a result of third party failure.
• Commercial services, products, contracts, funding or any other income due to, or received
by us.

All refunds must be authorised by the area of the University submitting the request. Accounts
Receivable will not action a refund if they are unable to identify that a legitimate refund is due. (i.e.
an overpayment is on the account or the student has withdrawn within the two week period allowed).

9. Refunds

The University considers and issue refunds on a case by case basis using the following criteria and in
line with Money Laundering regulations.

9.1 Money Laundering Regulations

The University will follow the recommendations and guidance provided in the Money Laundering
Regulations and will notify the Serious Organised Crime Agency (SOCA) if the University suspects any
suspicious activities or fraudulent transactions.

9.2 Students or Customers in debt to the University

The University reserves the right to deduct overdue fees or charges which you have not paid from
any refund due to you. Where this is the case the University will use the refund to pay the oldest
unpaid debts first; the University will refund the remainder to you in line with the following rules.

9.3 Minimum Refund Value

The University will not normally consider refunds for values of less than £10.00 as the cost of
processing a refund.

9.4 Return to Payer

The University issue refunds to the person who originally paid, this includes third party payments
made on behalf of a student or customer. If this is not possible, the University will consider an
alternative refund provided you let us have written authorisation and supporting evidence to
confirm the relationship between the original payer, the student or customer and person who is
receiving the refund.
37

9.5 Method of Refund

The University will process refunds via the original source of payment (excluding cash transactions) in
line with Money Laundering Regulations. If this is not possible or if you originally paid in cash, our
preferred method of issuing refunds is via BACS. In exceptional circumstances the University may
consider alternative refund methods (for example CHAPS or SWIFT payments). The University will take
off any reasonable administration or handling charges incurred by us, from the refund due.

If you paid via debit or credit cards, online to the University’s bank, via an online payment provider,
or by bank transfer the University will refund you using the original method and to the original source.

9.6 Refund Currency

The University issue refunds in GBP £ Sterling but will consider requests for payment of refunds in
other currencies but cannot guarantee this. If the University incurs any administration charges the
University will deduct these from the refund due. The university accepts no responsibility for any
shortfall of refunds made that are caused by currency fluctuations or charges applied by the
beneficiary’s bank account. Students are encouraged to make their own enquiries in this regard prior
to requesting the refund.

9.7 Refunds Over £3000

If the refund for an individual is £3000 or higher, the University may need you to complete a signed
authorisation / request form before the University issue the refund. The University may also require
a form of personal identification and an address identification. For example a driving licence, a
passport or a bank account statement.

9.8 International Student Refunds

In line with UK Visas and Immigration regulations, if you are an international student the University
may need you to provide proof of your return flight tickets if you withdraw from a course. If the
University needs this proof, the University will refund you when the University validates this
documentation.

9.9 Refund Authorisation

The University will process all refund requests forwarded to Accounts Receivable from the faculty or
professional service, with supporting documentation appropriately authorised by the relevant budget
holder, in line with the University’s financial rules.

9.10 Collecting refunds in person

No refunds will be made in person.


38

Appendix A: Credit and Charging Matrix Tuition Fees 2017-2018

Student Attendance Course or Self- SLC Credit and Charging Policy – Applied based on when
Sponsor
Category and Fee Type Mode Module Funded Funded Withdrawal / Interruption / Transfer Date occurs:

All Students
Two Week No If takes place within first two weeks of course start date.
ALL Course • • •
Charge Rule No fees chargeable.
All fee types

FE Level Study

Undergraduate Based on 3 SLC Liability periods, if takes place within:


Home students Full Time
Course • • • o Term 1 - 25% charged 75% credited
and fees Part Time
o Term 2 – 50% charged 50% credited
Equivalent o Term 3 – 100% charged zero credited
Learner
Qualifications

Postgraduate
Home students Full Time
Course • •
and fees Part Time Termly charging based on faculty term dates relevant to study /
Professional Level programme if takes place within:

International o Within 1st and last day of term 1 – 1/3rd charged 2/3rds credited
International
students and ALL Course • • o Within 1st and last day of term 2 – 2/3rds charged 1/3rd credited
Students
fees o Within 1st and last day of term 3 – 100% charged zero credited

Distance Learners ALL ALL Course • •


39

Block Fees Only

Research Liability based charging if takes place

ALL ALL ALL o Within Sept to Nov – 25% charged 75% credited
• • o Within Dec to Feb – 50% charged 50% credited
o Within Mar to May – 75% charged 25% credited
o Within June to Aug – 100% charged zero credited
40

Student Attendance Course or Self- SLC Credit and Charging Policy – Applied based on when
Sponsor
Category and Fee Type Mode Module Funded Funded Withdrawal / Interruption / Transfer Date occurs:

Externally Funded Liability and charging policy may be determined by the requirements of
ALL Course • • an external organisation as a condition of running the course, e.g. Law
Courses Society.

Defined as a course no more than 15 weeks long or non-credit bearing.

Short Courses Charged in full, but subject to faculty discretion. NOTE the ‘Two week
ALL ALL Course • no-charge’ rule does not apply to short courses.

Distance Learners All Students

Module • • Where study has commenced regardless of duration, 100% of fees are
All Study Levels payable for each segment or module of study started. The ‘Two week
no-charge’ rule does not apply to module based studies. If the module is
Module Based All Students deselected before the start state, fees may be cancelled or refunded if
Study paid in advance.
ALL Module • •
All Study Levels
41

Attendance Course or Self- Credit Policy – Withdrawal / Interruption / Transfer Date


Student Type SLC Sponsor
Category Mode Module Funded

Registration All Students Where charged separately, (not in included in course fee matrix) these
Residential items are payable in full and non-returnable

Other Fees ALL N/A • • •


All Study Levels

Fee Waiver Credit Policy – Entitlement to receive an award or waiver


Attendance Self-
Student Type or SLC Sponsor
Category Mode Funded if Withdrawal / Interruption / Transfer occurs
Discount

Awards NOT cancelled if course not completed – Liability remains


reduced

o Staff training (internal recharge)


o Discretionary (extenuating)
All Students o Awarded in error by BCU
Fee Waivers o NSP
Bursaries ALL N/A • • •
Discounts Awards WILL be cancelled if course not completed – Liability re-instated
All Study Levels
o Loyalty Awards
o Fee Waivers
o International Office
o Prompt Payment Discounts
o Research awards (non-staff members)
42

Extenuating The option to override all of the above based on extenuating


Circumstances ALL ALL • • • • circumstances, proposed by faculty, approved by Accounts Receivable
Manager
43

Birmingham City University


Debt Management and Sanctions Policy – effective from 2017/18

1. Introduction

This policy sets out the process that Birmingham City University (the University) will follow if students
and customers do not pay their fees or charges due to the University, in line with the payment terms
detailed in the Fee Payment Policy 2017/18.

It applies to all applicants, students, ex-students and customers of the University, including those who
are currently enrolled and those who have accepted a place and intend to enrol.

A customer includes any student, individual, company, partnership or organisation that can potentially
have outstanding fees or charges owed to the University.

This policy reflects the University’s commitment to helping our students manage their money and
avoid getting into financial difficulties.

What is a debt?

A debt includes any money owed to the University or one of its subsidiaries for unpaid fees or charges
owed for services or products provided by the University, our subsidiaries, staff, approved
representatives or agents appointed and instructed by the University.

Types of debt

Debt owed to the University can include the following

• Debts owed by students


• Commercial debt

2. Debts owed by students

A student is ultimately liable for a debt until the debt is fully cleared.

If a 3rd party sponsor is paying on behalf of the student then the debt is a commercial debt but the
student will always be liable for any unpaid balance.

If the student’s tuition fees are being funded by the Students Loan Company (SLC), then the student
will be responsible for any fees that remain outstanding.

Where a student becomes liable for a debt owed, the balance owed is referred to as a Self-Funded
student debt.
44

The University will try to recover all Self-Funded student debt owed to the University in line with the
payment terms in the Tuition Fee Payment Policies 2017/18, which can be downloaded from the
following link:

http://www.bcu.ac.uk/about-us/corporate-information/policies-and-procedures/finance-policies

The University or agents acting on our behalf will tell the student:

• how much they owe


• how, when and where a student can pay
• which University services are restricted as a result of an outstanding debt
• how much a student will be charged as a result of the debt

The University will give a student every opportunity to pay what is owed by providing reasonable
timescales for payment and sending at least 2 reminders to students before any action is taken or
sanctions applied.

The University will apply this policy equally and consistently to all students and customers who do not
pay in line with the agreed payment terms. The University applies sanctions proportionately and only
as a last resort - the University will review all debts on a case by case and will ensure it has made all
reasonable attempts to obtain payment before applying sanctions including the restriction of access
to the University and its services.

Where necessary the University reserves the right to appoint solicitors, debt collection agents and
external organisations to recover the debt on behalf of the University via legal proceedings. The
University or its agent will seek recovery of the reasonable costs it has incurred in recovering the
debt.

IMPORTANT - If the University has attempted to recover debts owed by students and has failed,
subject to the type of debt outstanding, the University reserves the right to withdraw or suspend
services and support, apply restrictions to accounts, suspend or prevent enrolment and/or future
trading. In respect of tuition fee debts/instalments/deposits potentially students will be unable to
access University buildings, log onto their University account or attend classes. Please see the full
details set out at 2.1 below.

These restrictions may affect all or part of the service(s) provided by the University which will continue
until a student has paid all of their debt or has agreed a payment arrangement to clear all of their
debt. Restrictions or sanctions applied are dependent on the type of debt a student owes.

Self-Funded student debt can be considered as any of the following:-

• Tuition fees
• Accommodation fees
• Library fees
• Other student related fees
45

2.1 Self-Funded student tuition debt – When can a full restriction be applied?

A minimum of 2 warnings will always be issued to students prior to any restrictions being applied to
their accounts.

If a student is responsible for the payment of their tuition fees, has opted to pay those fees in full and
does not pay them after 30 days after the start of the course, then the University will apply a full
restriction to the services available to a student. If a student continues not to pay or arrange an
approved payment plan, the University reserves the right to fully exclude a student from their
programme, course, module or section of study.

If a student has enrolled on a programme, course, module or section of study and has not confirmed
how they intend to pay their tuition fees within 30 days of the course starting, then the University
reserves the right to restrict their access to all University services.

If an international student has not paid the required 50% deposit within 30 days of the course
starting, then restrictions will be applied to the students account.

If the student has opted to pay by instalments then restrictions will be applied after 30 days of the
course starting if the required deposit has not been paid.

Where a student has opted to pay by instalments and there is a failed instalment then sanctions will
be applied after 30 days of the instalment remaining overdue.

Any restrictions or sanctions applied will remain in place until fees have either been paid in full and
cleared funds are in the University’s bank account or a student has entered into a formally approved
payment plan.

A full list of the services a student would be restricted from for non-payment of tuition fees/deposits
are as follows:

• Excluded from all aspects of course, programme, module, project or study of any kind
• No access to tutorials or any method of teaching support
• No research permitted, no thesis or work will be accepted for assessment
• No IT access
• No Library borrowing
• No confirmation in writing of Results, Certificates, Awards & Transcripts
• No invitation to awards ceremonies
• No attendance or participation in awards ceremonies
• No re-enrolment
• Written results from exam / assessment boards delayed
• Validation of attendance or student status withheld
• References and written evidence of achievements or studies withheld
• No visa, UKVI endorsement and applications or CAS requests will be provided or supported (if
applicable)
• No arrangement, supervision or validation of placements
46

For international students it is important to note the following

If a student is studying with a Tier 4 student visa application and has not paid their tuition fees, the
University is required to inform UK Visas and Immigration. This will have serious consequences for
their ability to remain in the UK. The University reserves the right to do this where a student has
not paid in full or has not entered into a formally approved payment plan.

2.2 Self-Funded Non Tuition student debt: part restrictions and sanctions applied

Non tuition student debt includes Accommodation, Library and any other non-tuition student debt.

If a debt remains outstanding then where necessary, after 30 days and at least 2 reminders the
University will withdraw access to the service from which the debt arises, until payment is made or
an approved payment plan is agreed.

2.2.1 Accommodation fees and related charges

If a student has not paid their accommodation charges in full and in line with the payment terms
specified in the Licence Agreement 2017/18 and the Accommodation Finance Information 2017/18
guide, the University reserves the right to terminate the agreement and to start legal proceedings to
recover fees owed to the University, at any point during the academic year that fees become overdue.
This will result in the student being removed from University accommodation.

Full details of the Accommodation Finance Information and Licence Agreement 2017/18 are
available via http://www.bcu.ac.uk/student-info/accommodation/faqs

The University will provide a student with every opportunity to pay what they owe us. If a student
does not pay, the University reserves the right to seek advice, talk to and appoint solicitors, debt
collection agents and external organisations to recover the debt.

2.2.2. Library charges and fines

If a student does not return materials the University will invoice a student for the cost of replacement
materials and the University will apply a fine if a student returns materials late. If a student uses the
University’s library services and materials, a student must comply with the terms and conditions
contained within the Library Rules and Regulations.

Further information is available from Library and Learning Resources at: http://library.bcu.ac.uk/

If a student does not pay their library fees the University will restrict their access to University library
services.
47

2.2.3. Other Student Debt

If a student incurs any debts for services or products which the University provides that do not directly
relate to tuition, accommodation or library fees, a student must pay their debts in full within 30 days
of the invoice date unless otherwise specified. If these items are not paid, the University reserves the
right to appoint solicitors, debt collection agents and external organisations to recover the debt.

3. Commercial debt

Commercial debt includes all non-student related debt owed to the University or its subsidiaries in
respect of unpaid fees or charges owed for services or products provided by the University its
subsidiaries, staff, approved representatives or agents appointed and instructed by us.

Payment is due 30 days from the date of the invoice; if customers do not pay the outstanding balance
of fees, the University will seek to recover the debt owed. If the University is forced to initiate legal
proceedings, the University will seek to recover statutory interest on the judgement and payment of
its legal costs.

If a commercial debt is owed in relation to a student’s tuition or accommodation fees then the
student will be liable for any unpaid balance. When the debt is outstanding for over 90 days, the
University will invoice the student directly and the relevant sanctions will be applied.

Prior to signing a contract or agreement the University may require a credit check to ensure the
financial stability of new customers and highlight any potential risks.

Any requests for credit checks should be forwarded to the Accounts Receivable Manager within
Finance.

4. Ways to pay

If restrictions, sanctions or penalties are applied, they will not be removed until all fees have been
settled in full, or the University has agreed a payment arrangement with the student. Access will be
restored by the next working day on receipt of cleared funds or following agreement of a payment
plan. If the University has applied sanctions or penalties to a student the University will not accept
personal cheques as a method of payment.

The University will accept the following payment methods:

a) Payment in person at one of our ASK desks by cash, debit or credit card
b) Online payment by debit card or credit card
c) Via a BACS or bank transfers, including SWIFT or CHAPS payments
d) Payment by direct debit or by a recurring card payment

The University’s bank details, address and telephone numbers, and the location and opening hours
for paying in person are set out below.
48

Where access to the University’s services have been restricted meaning you are unable to access
the buildings above, you will need to pay online via the link below or contact the ASK Helpdesk by
telephone to arrange for payment.

Online A student can pay online at http://www.bcu.ac.uk/student-info/finance-


and-money-matters/payments

The University accept most major debit and credit cards.

By telephone ASK Student enquiry service on 0121 331 7777

In person Curzon Building (City Centre Campus 8am to 8pm)


Baker Building (City North Campus 9am to 5pm) *
Mary Seacole Building (City South Campus 8am to 8pm)
*No cash

By Bank Transfer Payment from their bank to Birmingham City University must be in UK
Pounds Sterling quoting their account number (Student Identification
number) and/or invoice number.

NatWest
Birmingham City Centre Branch
1 St Philips Place, Birmingham B3 2PP

Account name Birmingham City University


Account number 78069467
Sort code 60 02 35
IBAN GB36 NWBK 6002 3578 0694 67 (International Bank Account Number)
BIC NWBK GB 2L

Please include their name, student number (if a student has one), amount
and date

5. Where to get help and advice

If a student requires any help in understanding how this Policy affects them, or if they need to make
the University aware of any reasonable adjustments to meet the requirements of this policy or has
any other questions they should contact the ASK student enquiry service by phoning 0121 331 7777,
or online at www.icity.bcu.ac.uk/ask , or in person at

• Curzon Building (City Centre Campus)


• Baker Building (City North Campus)
• Mary Seacole Building (City South Campus)
49

Students can also contact the Finance and Money Matters Team which is part of Student services,
more information on the support available can be found at: http://www.bcu.ac.uk/student-
info/finance-and-money-matters
Birmingham City University

Fitness to Practise Procedure – Effective from 2017/18


Introduction

This procedure reflects our commitment to prepare our students to become effective, safe
qualified practitioners. We aim to help students understand the requirements for entry to
their chosen profession and help them to develop good practice and behaviour from the very
beginning of their studies. Students must meet the requirements relating to behaviour and
fitness to practise through academic and vocational studies, and, if there are any issues
relating to meeting the requirements, we will deal with these as quickly as possible in an
appropriate way.

This policy applies to all enrolled students of the University on a course which could lead to
or allow registration with a professional, statutory and regulatory body (PSRB). There is a list
of PSRBs on iCity.

This procedure meets the 'General principles applying to Birmingham City University student
procedures’.

What is fitness to practise?

Being ‘fit to practise’ means being competent, responsible and having the characteristics
needed to work in a particular profession. We have a duty to make sure you are fit to
practise in your chosen profession. In assessing your fitness to practise, we give careful and
ongoing consideration to your skills and ability, character, behaviour and physical and
mental health. Although we recognise that you are still learning, you must make sure you
are actively trying to meet the required standards and are not doing anything which might
damage the public’s impression of the profession you are studying to enter.

Professional, Statutory and Regulatory Bodies (PSRBs) have their own definitions of fitness
to practise and you must familiarise yourself with the relevant definition for your chosen
profession.

What is covered by this procedure?

We will tell you what standards we expect of you as a student and we will tell you at the
earliest opportunity if our assessments show you are failing to meet these standards. In
most cases there will be no need to refer you to a formal investigation − we expect that
informal discussions with you and clear target-setting will be appropriate to make sure you
are fit to practise. However, a formal investigation will sometimes be necessary if we have
concerns about your fitness to practise. This could be because of ongoing concerns being
raised about your fitness to practise, a safeguarding matter or because of a single incident
which threatens the safety of a service user or which could harm the public’s view of the
profession. A safeguarding matter is one which affects the human rights, health, or
wellbeing of another person, particularly a child, young person or vulnerable adult.

The following will apply if we have concerns about your fitness to practise.

• For concerns that do not involve safeguarding matters or the safety of a service user,
or concerns that only arise occasionally, you can expect to receive feedback on the

1
things that have caused concern. This will usually involve setting targets for you to
meet, and may be through a formal action plan.
• For concerns that involve safeguarding matters or the safety of a service user, or
which may damage the public’s view of the profession, or concerns which suggest a
pattern of repeated behaviour that does not change after we set targets for you, we
will refer the matter for investigation.

We will not normally refer the following for investigation in relation to your fitness to practise.
• Your performance in an assessment.
• Concerns that cannot be directly linked to the relevant code of practice.

We will normally consider academic misconduct allegations under the Student Disciplinary
Procedure. However, if the allegation against you relates to either altering information,
buying or trying to buy someone else’s work, or repeated academic misconduct, we may
refer the matter for a fitness to practise investigation. This is because PSRBs expect certain
types of behaviour and characteristics which include the need for you to be honest and act
with integrity at all times.

Example 1

You are training to be a nurse on the BSc (Hons) Nursing programme. You post a video on
Facebook where you are seen drinking alcohol through medical syringes. You are wearing your
nursing uniform at the time. This is likely to be a fitness to practise concern as you may have
breached the NMC Code of Conduct. You are identifiable as a member of the profession and the
video can be accessed by members of the public, even where you have Facebook security settings
limiting access to your posts.

Example 2

You are training to be a teacher on the PGCE Primary programme. On the last day of your
placement at a School you witness one of the teachers hit a child. You have worked closely with
the teacher during placement and consider them a friend. You don’t want to get the teacher into
trouble so don’t report what you have seen. Later the School sees CCTV footage of the incident
and realise that you witnessed it. This is likely to be a fitness to practise concern as you may
have breached Teachers’ Standards by not reporting an incident of violence against a child within
the School.

Who can raise a concern regarding your fitness to practise?

Anyone who receives or is affected by your services (‘service user’) can raise a concern
about your fitness to practise, including:

• University staff;
• practitioners or placement staff;
• other students; and
• members of the public.

Only in exceptional circumstances will we consider concerns that we receive anonymously,


when there is a strong case – supported by evidence – that means that the matter should be
investigated.

2
If University staff, practitioners or placement staff have concerns, they must send them to the
Student Governance team using a reporting form (‘Raising concerns about a student’s
fitness to practise’). We will make the final decision as to whether the matter will be
referred for investigation. We may need to reach agreement with you about conditions you
must keep to before you are able to continue your studies.

If a student has a concern about another student’s fitness to practise then they should raise
this in the first instance with a member of University staff.

Disability and fitness to practise

We will review our standards if a disabled student may be at a significant disadvantage


during an assessment. Although we will normally consider making reasonable adjustments
during an assessment if you have disclosed a disability to the University, we do not have to
make reasonable adjustments if we are assessing whether you are meeting a competency
standard or if the adjustment would have a negative effect on the standard you are
achieving. A competency standard is defined as an academic, medical or other standard
which we apply to assess whether you have met the required standard in terms of
competence or ability. We will make sure that the competency standards are objectively
justifiable and an appropriate way of making sure you have the skills and ability needed for
your chosen profession.

If your disability develops or is identified during your programme of study, or if you knew
about the disability before starting your programme but it becomes worse and needs new or
revised adjustments, we will consider the following.
• What could we reasonably do to make it easier for you to continue on the programme
with your disability?
• Could you be putting yourself or others at risk of harm by continuing on the
programme?
• Will placement providers or relevant professional bodies be prepared or able to make
the required alterations to their part of the teaching and learning or assessment
process?
• Did we tell you during the admissions process that the circumstances of your
disability could lead to you needing to withdraw from the programme?
• Is it possible for you to transfer to another programme of study?
If it is not possible to make a reasonable adjustment, or to find you a suitable placement
opportunity, it may be necessary for you to withdraw from a programme of study.

Criminal behaviour and fitness to practise

You must tell us if you receive a criminal conviction or caution during your programme of
study. Your student handbook or your programme director will tell you how to do this.
Receiving a criminal conviction or caution will not automatically mean you will be withdrawn
from your programme. After you tell us about a criminal conviction or caution, we will
consider:
• the nature of the offence;
• any history of offending or similar behaviour;
• any circumstances that might explain your behaviour; and

3
• any unreasonable delay in telling us about the conviction or caution.

We will consider all factors, including the above, before deciding whether you are fit to
practise.

Time limits

If anyone has any concerns that may relate to your fitness to practise, they should raise
these as soon as possible so that we can take action as necessary. If the concerns being
raised are serious or need a formal investigation, you may be suspended from your
placement with little or no notice. We aim to complete the formal stage, including any panel
meeting, within 50 working days. To help us achieve this you must meet any deadlines we
set for providing further information or documents and attending meetings. There will
occasionally be circumstances when we need to extend the timeframe for different stages.
(We will only do this if there is a good reason, for example if we need to wait for a key
witness to be available to speak to us.) If this is the case, we will tell you and will explain the
reasons for the delay and tell you the new timescales. We will provide regular updates on
progress where appropriate.

Proving the allegation

It is our responsibility to prove the allegation against you. The person or panel responsible
for deciding on your fitness to practise will accept the explanation that is most likely to be
true. This is known as the balance of probability.

Student representation

You have the right to take someone with you to meetings. This person is not there to act in a
legal capacity. They are there to provide advice and support to you, not to act on your
behalf. The Students’ Union can help with this.

Confidentiality

We will not share any information about you or any case against you unless we need to as
part of our procedures or if there is good reason and urgent cause to do so. This could
include passing information about your case to external agencies such as social services. If
we learn that you are or have been involved in criminal activity then we may need to inform
the police.

Our ‘Guidance on the production of references for students', which is available from your
faculty, explains what information we will share if we are asked for a reference.

4
Flowchart of stages

Formal stage:

Review stage:

5
Stages of the procedure (please see the flowchart)
This procedure aims to provide a quick process that is proportionate to the concerns being
raised. There is a strong focus on staff having the power to deal with concerns as soon as
possible. The Fitness to Practise Procedure has an informal stage, a formal stage and a
review stage (see the flowchart).

Informal stage − guidance and advice

This stage is for concerns that do not involve the safety of a service user; safeguarding;
concerns which may damage the public’s view of the profession; repeated behaviour; or
issues which arise only occasionally. During the informal stage, issues are dealt with quickly
and locally, often by the relevant University tutor, practitioner or placement staff member. In
most cases, a conversation with you about your practice and how to improve will be enough
to deal with the matter. To help with your ongoing development, we may put an action plan
in place. If you do not make the necessary progress or if the issue is serious, it may move on
to the formal stage.

Formal stage – triage, investigation and recommendation, and faculty or University


panel

The formal stage is to be completed within 50 working days of the fitness to practise
concerns being raised. It involves assessing the concerns being raised and, where
appropriate, carrying out a formal investigation. We may hold a faculty or University panel to
consider very serious or complicated cases. The formal stage will involve the following three
stages.

(1) Triage
For concerns that involve safeguarding matters or the safety of a service user, or
concerns which may damage the public’s view of the profession or show a pattern of
repeated behaviour that the student has not changed after we have set targets, the
person raising the concern should fill in the ‘Raising concerns about a student’s
fitness to practise’ form and send it to the Student Governance team. The person
completing the form must provide all supporting evidence within two weeks of
sending us the form. If we do not receive the evidence within two weeks, we will not
investigate the concerns but may still discuss them with you to provide you with
relevant guidance and advice.

An associate dean or head of school (or someone nominated by the Student


Complaints, Appeals and Discipline Committee) will consider the ‘Raising concerns
about a student’s fitness to practise’ form and the relevant evidence to decide
whether there is a case to answer.

If we feel there is no case to answer, we will tell you about the concerns that were
raised and, where relevant, put an action plan in place to help you.

If we feel there is a case to answer, we will refer the matter to a suitably trained case
officer who will carry out an investigation. We will tell you if we do this and will give
you information about the case officer who will investigate your case.

(2) Investigation and recommendation


The case officer will have no knowledge of you or of any previous fitness to practise
or disciplinary matters you have been involved in. There may be occasions when a
case officer is appointed from outside your faculty to ensure independence.

6
Where the case has involved criminal proceedings heard by a court, we will not re-
investigate any matters that formed part of those proceedings.

The case officer will provide specific information about the concerns being raised,
and will give you a copy of the evidence. We will invite you to a meeting with the
case officer to discuss the concerns and evidence. You have the right to take a
companion with you to the meeting. This may be a friend, relative or member of the
Students’ Union. As the meeting will be held during normal working hours on any of
the University campuses, we will expect you to attend. The meeting will only be
rescheduled if the case officer decides there is a good or urgent reason for this.

The case officer will consider the fitness to practise concerns and may talk to
relevant staff or students and refer to documents and other evidence. If you wish to
present evidence, we expect you to give it to the case officer either before or at the
meeting. This may include copies of emails or letters, or statements from witnesses
if it is safe and helpful to provide these. In exceptional circumstances, the case officer
may ask you or any other relevant person to provide evidence or information after the
meeting. You will receive copies of all evidence the case officer has considered
during the investigation. The case officer will produce a report based on their
investigation, which will outline the process they have followed, the information they
have gathered, the evidence they have considered, their conclusions and their
recommendations.

The case officer can make any of the following recommendations.


• There is no case to answer, so we will not hold a panel and will not take any
further action.
• There is a case to answer, but it does not need to be considered by a panel.
We may issue you with any of the following.
o A guidance note about your future behaviour or requirements you must
meet.
o A written warning about your future behaviour or requirements you must
meet.
o A final written warning about your future behaviour or requirements you
must meet.
o A conditional learning agreement. You must meet the conditions set out
in the agreement to be allowed to continue on the programme of study.
o An action plan. You must keep to the action plan to be allowed to
continue on the programme of study.
• There is a case to answer that needs to be considered by a panel.

The associate dean or head of school (or other approved person) that made the
referral will consider the case officer’s recommendation. At this stage, the associate
dean or head of school may take into account any previous fitness to practise or
relevant disciplinary matters against you when deciding whether to accept the case
officer’s recommendation. The head of school or associate dean can make the
following decisions.

• To accept the case officer’s recommendation without change.


• To accept the case officer’s recommendation with minor changes.
• Not to accept the case officer’s recommendation, but take a different course
of action instead.

7
In all cases, we will tell you the outcome of the investigation and what action, if any,
we have decided to take.

This stage must be completed within 20 working days following concerns being
referred for investigation.

If the concerns are very serious and it is possible that we may decide to exclude you
from the University, your case will be considered by a University panel.

While an investigation is ongoing you may be suspended from placement but will
remain entitled to continue attending classes and other forms of teaching.

(3) Faculty or University panel


We will hold a faculty or University panel in line with our standard procedures for
such panels.

The fitness to practise faculty panel can make the following decisions as appropriate.

• You are fit to practise, and we will not set any conditions which you must
meet before continuing with your studies.
• You are fit to practise but you must meet certain conditions. We will set out
these conditions in an action plan or learning agreement. If you do not meet
the conditions set by the faculty panel, you will no longer be fit to practise and
we may withdraw you from the programme of study. You may also receive a
written warning or final written warning.
• You are not fit to practise and we may withdraw you from the programme of
study. Withdrawal from your programme does not mean that you are
excluded from the University. A faculty panel is not authorised to exclude you
from the University.

If we find that you are fit to practise and the concerns considered arose during
placement, your placement attempt will be deferred to the next available opportunity.

If we find that you are unfit to practise and the concerns considered arose during
placement, you will have failed that placement attempt.

If we find that you are unfit to practise and you are withdrawn from your programme,
we will consider whether there is any other programme of study that you may be able
to transfer or apply to. You will not be eligible to transfer or apply to a programme of
study that has a fitness to practise requirement within five academic years of the
decision to find you unfit to practise. If you apply to a new programme of study, the
University’s admission policy and criteria that are in force at the time of the
application will apply.

A University panel is authorised to make any of the above decisions, and also to exclude you
from the University or any of our partner institutions.

Extending the time limit

8
If there are clear and justifiable reasons for extending the time limit, we will set new time
limits. We will tell you the new time limits and the reasons for the extension.

Closing the fitness to practise action at the formal stage

We will give you a clear explanation of the outcome of the formal stage of the fitness to
practise action in writing, setting out the reasons for each decision in simple, straightforward
language. We will record the outcome on our fitness to practise record system.

We will tell you about:

• your right to take the case to the review stage;


• the grounds on which you can do this (see below);
• the time limit for moving to the review stage (20 working days of us sending you the
outcome of the formal stage);
• the appropriate procedure to follow; and
• where and how to access advice and support, for example the Students’ Union or
Student Affairs.

If you do not take the case to the review stage within the time limit for doing so, we will close
the matter.

Review stage – to be completed within 15 working days of receiving your request for
a review

If you are not satisfied with the outcome of the formal stage, you have 20 working days to
ask for a review. There are limited grounds for asking for a review, which are as follows.

• There is new evidence which you were unable, for valid reasons, to provide earlier in
the process, and which would have had a significant effect on the outcome of the
formal stage.
• The correct procedure was not followed during the formal complaint stage and this
has had a significant effect on the outcome.
• The outcome was unreasonable given all the circumstances and the evidence
considered.

The purpose of a review is to consider whether we followed the correct procedure during the
formal stage and whether the outcome was reasonable. At the review stage, we will not
usually consider the issues again or investigate the matter further. Your case must have
been considered at the faculty or University panel stage before it can move to the review
stage. If your expectations appear to be beyond what can be achieved at the review stage,
we will tell you this as soon as possible in writing to manage your expectations about
possible outcomes.

You must submit a request for a review electronically, by email, by filling in the appropriate
form. We will only accept a form submitted by someone else on your behalf if you have given
the other person written permission to act as your representative for the review stage. You
must set out your concerns clearly and briefly and provide evidence, where possible, of the
issues raised. Only evidence that is clearly referenced in the form will be considered. We will
acknowledge your request for a review within five working days.

The Appeals and Resolutions office will assess your request for a review and the Director of
Student Affairs, or someone they nominate to act on their behalf, will use this assessment to
decide between the following two possible outcomes.

9
• There are no grounds for taking the matter further. If this is the case, we will tell you
in writing and let you know about any right you may have to ask the OIA to review
your case; or

• There are grounds for reconsidering the case.

If there are grounds for reconsidering the case, the Director of Student Affairs, or someone
they nominate to act on their behalf, will consider the following.

• Was the outcome reasonable in all the circumstances?


• Was there a mistake in how we used this procedure to assess your case and the
outcome has been less favourable to you as a result?
• Have you received clear reasons for the outcome at the formal stage?
• If you have provided new evidence, have you provided valid reasons for not providing
it earlier?
• Would any new evidence you have provided have affected the outcome (if there were
valid reasons for not providing this earlier)?

The Director of Student Affairs, or someone they nominate to act on their behalf, will decide
between the following two options.

• The case will be referred back to the formal stage with a recommendation.
• The issues are complicated and so it would be better to deal with them through a
review panel.

We will hold a review panel in line with our standard procedures for such panels.

Extending the time limit

If there are clear and justifiable reasons for extending the time limits, we will set new time
limits. The maximum extension will be 10 working days (that is, not more than 25 working
days in total from the date we receive your request for a review).

Closing the case at the review stage

We will give you a clear explanation of the outcome of the review in writing. This explanation
will set out the reasons for each decision in simple, straightforward language and clearly
state any action to be taken (if appropriate). We will record the outcome on our fitness to
practise system. We will also let you know about any right you may have to ask the OIA to
review your case.

10
List of professional, statutory and regulatory bodies

Some of our programmes of study lead to registration or eligibility for registration with the
following PSRBs:

Health and Care Professions Council (HCPC)

Nursing and Midwifery Council (NMC)

Solicitors’ Regulation Authority (SRA)

Teachers’ Standards

11
Raising concerns about a student’s fitness to practise

A registered professional or member of staff should fill in this section to raise concerns about a
Birmingham City University student’s fitness to practise.

Name
Miss/Ms/Mrs/Mr/Dr/Prof
Job title

Employer

Location of
employment For example, Ward 6 Russell’s Hall, or Old Tree Primary School
Member of
professional body List all that apply
Governing code Must not be left blank
Section or criteria
of code felt to have
been broken List all that apply. Must not be left blank

Student name
Miss/Ms/Mrs/Dr/Prof
Student ID number
Course of study

My knowledge of the events relevant to this matter is as follows:

[List events in date order. Please refer to any relevant documents which support the account, and
attach the documents to this statement with reference numbers. Please make sure that your
statement could be read and understood by someone with no knowledge of the case so that they
would be left understanding what the allegation was and how the evidence you have provided is
relevant to the allegation.]

12
I am attaching (or will provide within two weeks) the following evidence to support this statement.

Document Attached or to follow


reference Brief description of document
Example 1 Hospital incident report form dated 1 June 2015 Attached

I am giving this statement in connection with my concerns that the student named above may have
broken the relevant code governing the profession (which applies to their programme of study). I
understand that:

• within two weeks of sending this statement to the University I must provide all evidence
referred to in this statement;
• you may provide this statement to the student named above in the course of any University
investigation into the concerns being raised; and
• due to confidentiality restrictions, you may not keep me informed of the progress of your
investigation.

Your signature: Date:

Send your filled-in form and any queries to [Faculty name].studentgovernance@bcu.ac.uk.

Notes to consider

1. Try to make sure the statement covers all relevant issues and only those that you have direct
knowledge of.
2. Make sure that the statement does not include details that are not relevant or could be unfair, such
as earlier offences or evidence about other similar offences.
3. Wherever possible, try to avoid any second-hand (hearsay) evidence, although we will accept
hearsay evidence if there is no better evidence available.
4. Consider whether your witness statement is an important part of the case or whether it adds little
to it or simply duplicates other evidence. Although it can be helpful to include more than one
account supporting the same events, there will be a point at which duplicating evidence will just
unnecessarily extend the time needed to deal with the case.

To be filled in by University staff:


Date student started the current programme Level of study Has the student interrupted their
study?
4 5 6 7 Yes □ No □

13
Referral for investigation

The relevant associate dean or head of school should fill in this section. Recommendations
made by the case officer will be returned to the person named below.

Name
Miss/Ms/Mrs/Mr/Dr/Prof
Job title

Faculty

Student name

Student ID
number
Course of study

Governing code Must not be left blank


Section or criteria
of code felt to
have been broken List all that apply. Must not be left blank

Reason for referral (tick all that apply):

A complicated concern has been raised ☐

Harm or threat of harm to a service user or client ☐

Damage or threat of damage to the reputation of the profession ☐

A serious concern has been raised ☐

A sustained or repetitive pattern of behaviour ☐

The student is diagnosed with a disability after starting the programme ☐

The student receives a criminal charge or conviction after starting the programme ☐

Your signature: Date:

14
Supporting Students: Fitness to Study Procedure
- Effective from 2017/18

Introduction
This procedure reflects our commitment to providing the highest quality of academic study
opportunities whilst making sure that we are mindful of the impact of our actions. We hope that all
our students are well enough to engage with their programme of study (are ‘fit to study’). However,
we understand that adjusting to University life can be such a major change for some people that it
impacts on their physical, psychological or emotional wellbeing. For some students, the effects of
this impact can result in damaging or risky behaviour towards themselves or others. We also
understand that people can become physically or psychologically unwell at any point and for some
students this may be related to their studies.

This procedure supports the identification of those students who are struggling to cope with a view
to helping them manage the situation. The intention of this Procedure is to support struggling
students to help them to remain on their programme of study where possible. We recognise that
some students may be too unwell to continue with their studies, and may need to take a break from
their studies (‘Interruption of Studies’) until they are well enough to return. In extreme cases, the
University may withdraw a student because their behaviour is causing harm or distress to
themselves or others. We would always want to work with you ensure you are well enough to
continue your studies. However, if you do not engage with a reasonable request for information or
instruction, we may continue our consideration of your fitness to study without your involvement.

This procedure applies to all enrolled students of the University, and meets the 'General principles
applying to Birmingham City University student procedures’.

It should be noted that this procedure is unrelated to the University’s Extenuating Circumstances
Procedure and should not be confused with ‘fit to sit’ which states: ‘We will assume that you are fit
and well enough to take your assessments (‘fit to sit’) unless you tell us otherwise by making a claim
for extenuating circumstances’.

What is fitness to study?


Being ‘fit to study’ means being able to engage with a programme of study offered by the University
in a safe way. It also takes into account your ability to be part of the University community. This
could include your interactions on campus with staff and students, as well as your behaviour in
University facilities (such as the Library, restaurants, and social spaces) and accommodation. It could
also include your online communication (for example emails and social media) and interactions with
the Students’ Union. Being fit to study means it is safe for you to continue studying and that anyone
you come into contact with will also be safe. This is usually a clinical decision made by a qualified
professional such as a doctor or psychologist. However, if you are felt to be a danger to yourself,
other members of the University, or the public, then the decision that you are unfit to study may be
taken for reasons of health and safety.

It is usually the case that a pattern of harmful behaviour may result in us considering your fitness to
study. For this Procedure, the University defines harm as:
• Physical – for example hitting another person or deliberately cutting yourself;
• Psychological – for example saying things which could hurt someone else or which could
make them feel alone, vulnerable or isolated. Making threats, trying to control another
person, or humiliating someone else could also be psychological harm.

1
• Financial – for example unreasonable or excessive borrowing or stealing money or other
belongings. Also, trying to pressure someone else into giving you money or other items
because they feel sorry for you.
• Sexual – for example trying to get someone to take part in sexual activity by using force,
threats or bullying. Sexual activity requires both consent to be given and also an
understanding of what is being consented to.
• Neglect – for example not caring for yourself or someone you are responsible for. This could
include not washing regularly, not eating, or having unsafe living conditions.

Harm can happen anywhere – at home, at University, at work, or in public. Anyone can be subject to
harm: many people do not realise they are at risk of harm. Examples of situations are provided at
the end of this Procedure. Appendix A provides further information on identifying if you are at risk
from harm.

What is covered by this procedure?


We will tell you what standards we expect of you as a student, including your behaviour and
attendance. We expect that informal discussions with you will be appropriate to make sure you are
fit to study and understand what is expected of you. However, we may need to take formal action if
we are concerned there is a risk of harm.

We will normally consider general misconduct allegations under the Student Disciplinary Procedure.
Where there is cause for concern raised about wellbeing and it is considered unhelpful to proceed
with the Disciplinary Procedure, the Case Officer may refer the case to this procedure.

If you are enrolled on a programme of study covered by the Fitness to Practise Procedure, the fitness
to study concern may be referred for a fitness to practise investigation. This is because Professional
Statutory and Regulatory Bodies expect certain types of behaviour and characteristics which often
include health and wellbeing matters.

Who can raise a concern regarding your fitness to study?


Anyone who comes into contact with you as a result of you being enrolled as a student of
Birmingham City University can raise a concern about your fitness to study, including:

• University staff;
• other students;
• members of the Students’ Union; and
• members of the public.

Such concerns should be reported to a member of University staff, who should complete a
‘Reporting Wellbeing Concerns about Fitness to Study’ form. We will make the final decision as to
whether the matter will be referred for formal case conference. We may need to agree conditions
you must keep to before you are able to continue your studies.

Only when there is a strong case will we consider concerns received anonymously.

Disability and fitness to study


It is possible that you may become unfit to study as a result of a physical or mental illness. Where
possible and appropriate, if you are experiencing long-term health conditions you may be eligible to
receive reasonable adjustments as set out in a Disability Support Summary. However, on rare
occasions, it may not be in the best interests for you to remain on a programme of study because to

2
do so would result in a worsening of either your mental or physical health, or cause harm or distress
to others.

If your disability develops or is identified during your programme of study, or if you knew about the
disability before starting your programme but it becomes worse and needs new or revised
adjustments, we will consider the following.
• What could we reasonably do to make it easier for you to continue on the programme with
your disability?
• Could you be putting yourself or others at risk of harm by continuing on the programme?
• (if relevant) will placement providers or relevant professional bodies be prepared or able to
make the required adjustments to their part of the teaching and learning or assessment
process?
• Is it possible for you to transfer to another programme of study?
If it is not possible to make a reasonable adjustment, or to find you a suitable placement
opportunity, it may be necessary for you to withdraw from a programme of study.

Time limits
If anyone has any concerns that may relate to your fitness to study, they should raise these with a
member of University staff as soon as possible so that we can take action as necessary. We aim to
complete the formal case conference within 15 working days of a decision to hold a case conference.
To help us achieve this you must meet any deadlines we set for providing further information or
documents and attending meetings. There will occasionally be circumstances when we need to
extend the timeframe for different stages. (We will only do this is there is a good reason, for
example if we need to wait for key medical evidence to be available.) If this is the case, we will tell
you and will explain the reasons for the delay and tell you the new timescales. We will provide
regular updates on progress where appropriate.

Suspension
As a precautionary measure, it may be necessary to temporarily suspend you from the University
during the investigation period to allow the University to exercise its duty of care to its members
(including you) and its business. Any suspension decision will be taken in accordance with
the University’s Suspension Guidance.

Student representation
You have the right to take someone with you to meetings. This person is not there to act in a legal
capacity. They are there to provide advice and support to you, not to act on your behalf. The
Students’ Union can help with this.

Confidentiality
We will not share any information about you or any concerns about your fitness to study unless we
need to as part of our procedures or if there is good reason and urgent cause to do so. This could
include passing information to external agencies such as a medical professional, social services or
the police. If we hold a case conference to consider your fitness to study, the information
considered will be handled in confidence.

3
Stages of the procedure (please see the flowchart)
This procedure aims to provide a timely process that is proportionate to the concerns being raised.
There is a strong focus on early intervention and support to help you remain on your programme of
study. The Supporting Students: Fitness to Study Procedure has a triage stage, a formal stage and a
review stage (see the flowchart).

Flowchart
Triage stage

Formal stage

Triage stage
All completed ‘Reporting Wellbeing Concerns about Fitness to Study’ forms are triaged by the
Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee who can request further
information in order to reach one of the following decisions:
• The concerns are not supported – you are felt to be fit to study;
• You are likely to be fit to study, but a support plan must be successfully implemented before a
final decision is made. The support plan may include any of the following:-
o An Engagement Plan. This is a set of targets usually over a period of weeks aimed at
gradually increasing your engagement with your studies to an agreed level.
o A Wellbeing Plan. This is a set of targets usually over a longer period of time aimed at
improving your health and/or wellbeing.
• There are significant concerns about your fitness to study that cannot be addressed through a
support plan. A formal case conference will be held to reach a final decision.

4
Formal stage – case conference
The aim of the formal stage is to reach an informed decision about your fitness to study. As well as
key staff from the University, you will be invited to the case conference as set out below. The formal
stage can be reached in the following ways:
• As a result of the triage stage finding that the concerns about your fitness to study are
significant and cannot be addressed through a support plan;
or
• A support plan was put in place but you have not met the requirements of the support plan.

The formal stage is to be completed within 15 working days of a request for a case conference.

The Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee will contact an
associate dean from your faculty to provide information about the fitness to study concerns and to
request a case conference. A case conference normally takes place with the following:
• Associate dean from your faculty. The associate dean chairs the meeting and will make the
final decision on your fitness to study;
• The Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee who can
provide details on the concerns that have been raised that led to the request for a case
conference;
• Your personal tutor/course director/module leader. This person will be asked to provide
information on your academic studies, including what you have left to study and remaining
assessments;
• A representative from the Enablement or Wellness teams. This could be a University
Counsellor, Mental Health Adviser, Enablement Adviser, or Wellbeing Adviser who is not
directly involved with you or your ongoing therapy or counselling. The representative will
provide professional opinion on your fitness to study, including any support plan that is
needed;
• A member of the Birmingham City University Students’ Union Executive as an impartial
observer;
• A note taker from the Student Affairs Appeals and Resolutions team;
• You;
• Your companion who may be a friend, relative, or member of the Students’ Union. It is not
expected that your companion will need to speak during the case conference as they are there
to support you. They may, however, ask for a comfort break or clarification if needed;
• Any other individual who may be relevant to your case, such as your support worker or known
medical professional. This person may be invited to only part, or the whole, of the case
conference.

The case conference will be held during normal working hours on any of the University campuses.
We will expect you to attend, and the case conference will only be rescheduled if the associate dean
decides there is a good or urgent reason for this.

5
The case conference will determine (as relevant):
• What is the nature of the concern or concerns?
• Has anyone been harmed?
• Could anyone have been harmed?
• Have anyone else’s studies been adversely affected?
• Has anyone else’s wellbeing been threatened?
• Has there been a breach of UKVI attendance requirements?
• Has sufficient academic progress been made?
• Is being at University causing or contributing to harm that might otherwise not have
happened?
• Would transferring to another programme resolve any concerns?
• Have you been engaging with any therapeutic or treatment plan?
• Are there any safeguarding related concerns?

The associate dean will meet privately with the personal tutor/course director/module leader, the
Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee, and the representative
from the Enablement or Wellness teams. The Students’ Union executive officer and note taker will
also be present in the private meeting. The purpose of the private meeting is to allow the Chair to
gain information about the concerns raised about your fitness to study.

You and your companion will then be invited to join the case conference. The case conference can
proceed without you if necessary, but it is unlikely that your companion would be allowed to attend
without you there. Case conferences normally take place as follows:
• The Chair introduces everyone present, confirming the reason for their attendance;
• The Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee will explain
the concerns raised about your fitness to study, including any current or future risk of harm;
• You will be invited to respond;
• Your personal tutor/course director/module leader will explain where you are in your
studies and what assessments you have remaining. Any concerns about your ability to
undertake your academic studies will be raised;
• You will be invited to respond;
• The Chair will ask for professional opinions regarding whether you are fit to study, either
with or without a support plan. If a support plan is suggested, the requirements of the plan
will also be discussed;
• You will be invited to make any final comments.
• You and your companion will be asked to leave the meeting.

The associate dean will again meet privately with the personal tutor/course director/module leader,
the Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee, and the
representative from the Enablement or Wellness teams. The Students’ Union executive officer and
note taker will also be present in the private meeting. The Chair will decide on your fitness to study,
including what support plan (if any) is required. The Chair can make any of the following decisions:
• You are fit to study, no support plan is needed;

6
• You are fit to study but a support plan is needed. The support plan may include any of the
following:-
o An Engagement Plan. This is a set of targets usually over a period of weeks aimed at
gradually increasing your engagement with your studies to an agreed level.
o A Wellbeing Plan. This is a set of targets usually over a longer period of time aimed at
improving your health and/or wellbeing.
• You are not fit to study on the programme you are enrolled on and you agree to transfer to
another course, which may be after an interruption of studies. We will also make clear to
you any financial implications relating to your transfer, and any implications relating to UKVI
requirements (international students only).
• You are not fit to study and you agree to interrupt your studies. We will tell you what you
need to do to be able to re-enrol after the interruption has ended. We will also make clear
to you any financial implications relating to your re-enrolment, and agree how we will keep
in contact with you during your interruption. We will also confirm any implications relating
to UKVI requirements (international students only).
• You are not fit to study and you will be withdrawn from your programme.

The associate dean, Deputy Director of Student Affairs (Enablement and Wellbeing) or nominee,
Students’ Union executive officer, and note taker will meet again with you and your companion to
inform you of the decision made. Confirmation of the decision and any support plan will be
confirmed in writing within 10 working days of the case conference. We will also agree a process
that you will be required to follow to be able to return to study. This is likely to include providing
evidence that you have engaged with the support plan, producing medical evidence demonstrating
you are well enough to return to study, attending a return to study meeting, and agreeing an
engagement plan or wellbeing plan.

Extending the time limit


If there are clear and justifiable reasons for extending the time limit, we will set new time limits. The
Student Affairs Appeals and Resolutions office will tell you the new time limits and the reasons for
the extension.

Closing fitness to study at the formal stage


We will give you a clear explanation of the outcome of the formal stage of the fitness to study
consideration in writing, setting out the reasons for each decision in simple, straightforward
language. We will record the outcome on our student record system.
We will tell you about:
• your right to take the case to the review stage;
• the grounds on which you can do this (see below);
• the time limit for moving to the review stage (20 working days of receiving the outcome of
the formal stage);
• the appropriate procedure to follow; and
• where and how to access advice and support, for example the Students’ Union or Student
Affairs.

7
If you do not take the case to the review stage within the time limit for doing so, we will close the
matter.

Review stage – to be completed within 20 working days of receiving your request for a review
If you are not satisfied with the outcome of the formal stage, you have 20 working days to ask for a
review. There are limited grounds for asking for a review, which are as follows.
• There is new evidence which you were unable, for valid reasons, to provide earlier in the
process, and which would have had a significant effect on the outcome of the formal stage.
• The correct procedure was not followed during the formal stage and this has had a
significant effect on the outcome.
• The outcome was unreasonable given all the circumstances and the evidence considered.

The purpose of a review is to consider whether we followed the correct procedure during the formal
stage and whether the outcome was reasonable. At the review stage, we will not usually consider
the issues again. Your case must have been considered at the formal stage before it can move to the
review stage. If your expectations appear to be beyond what can be achieved at the review stage,
we will tell you this as soon as possible in writing to manage your expectations about possible
outcomes. If you have been withdrawn and have submitted a request for a review, you will remain
withdrawn whilst your request for a review is considered.

You must submit a request for a review electronically, by email or through our website, by filling in
the appropriate form. We will only accept a form submitted by someone else on your behalf if you
have given the other person written permission to act as your representative for the review stage.
You must clearly set out your grounds for requesting a review and provide evidence, where possible,
to support your request. Only evidence that is clearly referenced in the form will be considered. We
will acknowledge your request for a review within five working days.

The Student Affairs Appeals and Resolutions team will assess your request for a review and the
Director of Student Affairs, or someone they nominate to act on their behalf, will use this
assessment to decide between the following two possible outcomes:
• There are no grounds for taking the matter further. If this is the case, the Student Affairs
Appeals and Resolutions office will tell you in writing and let you know about any right you
may have to ask the OIA to review your case;
or
• There are grounds for reconsidering the case.

If there are grounds for reconsidering the case, the Director of Student Affairs, or someone they
nominate to act on their behalf, will consider the following.
• Was the outcome reasonable in all the circumstances?
• Was there a mistake in how we used this procedure to assess your case and the outcome
has been less favourable to you as a result?
• Have you received clear reasons for the outcome at the formal stage?
• If you have provided new evidence, have you provided valid reasons for not providing it
earlier?

8
• Would any new evidence you have provided have affected the outcome (if there were valid
reasons for not providing this earlier)?

The Director of Student Affairs, or someone they nominate to act on their behalf, will decide
between the following two options.
• The case will be referred back to the formal stage with a recommendation.
• The issues are complicated and so it would be better to deal with them through a review
panel.

We will hold a review panel in line with our standard procedures for such panels.

Extending the time limit


If there are clear and justifiable reasons for extending the time limits, the Deputy Director of Student
Affairs (Queries and Resolutions), or someone they nominate to act on their behalf, will set new time
limits. The maximum extension will be 10 working days (that is, not more than 30 working days in
total from the date we receive your request for a review).

Closing the case at the review stage


We will give you a clear explanation of the outcome of the review in writing. This explanation will set
out the reasons for each decision in simple, straightforward language and clearly state any action to
be taken (if appropriate). We will record the outcome on our student records system. We will also
let you know about any right you may have to ask the OIA to review your case.

9
Examples

Example 1
Alex is a student and his behaviour over the last month has been causing concern. Alex has only
attended 2 lectures in the last three weeks. He sleeps most of the day, doesn’t eat very often, and has
stopped washing himself and his clothes. Alex was found in his kitchen last night waving a pair of
scissors around, threatening himself and anyone who came near him.

Alex may not be fit to study without further support in place. It is clear that there is a pattern of
behaviour leading up to last night that we need to be made aware of. We may find that once Alex is
given an Engagement Plan and appropriate support that he is able to continue with his studies.

Example 2
Manohar is a student living with 5 other students in University accommodation. Manohar went out last
night celebrating her friend’s birthday. The rest of her flatmates were asleep when Manohar got back
at 3.00am this morning and wanted to make toast for everyone. The flatmates asked Manohar to keep
the noise down but Manohar turned the radio on to continue the party. Manohar eventually went to
bed leaving a mess in the kitchen. Manohar missed her lectures this morning.

Manohar’s behaviour (although annoying to her flatmates) would not mean she is unfit to study. It
seems as though Manohar had a good night celebrating her friend’s birthday and was being rude when
she got home. Unless there is a pattern of similar behaviour, Manohar is likely to be fit to study.

Example 3
Agata is a student with a history of depression, feelings of isolation and self-harm. Agata has a Disability
Support Summary in place allowing her reasonable adjustments for her assessments. Agata lives at
home and travels to University every day, meeting up with her friends before lectures. Last week her
friends found Agata crying in the library but she asked them not to tell anyone. She said she had been
crying because she feared she was being watched all the time and had stopped eating vegetables as she
fears they are draining her magic powers. Her friends offer to get her personal tutor but Agata reacts
violently saying that her personal tutor is trying to kill her too.

Agata is clearly unwell and may not be fit to study. We will need to explore with Agata if there is any
support we can give her to get her well again, but she may have to interrupt her studies until her
psychiatrist agrees she is fit to study.

10
Appendix A – Identifying risk of harm

Many people do not realise they are at risk of harm. The following questions may help to identify if
you or someone you know are at risk of harm:

Has someone:

o Told you that you are not allowed to use the kitchen or living room?
o Pressured you to give them money for reasons that concern you?
o Asked you to keep a secret which you makes you worried or uncomfortable?
o Tried to get you to do something you don’t want to do?
o Hurt you or threatened to hurt you or someone else if you don’t do what they want?
o Hurt themselves or threatened to hurt themselves if you don’t do what they want?
o Refused to respond to polite requests (such as turning loud music down at night)?
o Sent you text or social media messages which you find threatening or upsetting?
o Stopped washing/eating/looking after themselves?
o Made unreasonable requests (e.g. that you don’t use the bathroom at night, come in late, or
bring friends back with you)?
o Started behaving in a bizarre or unusual manner
o Begun using extreme or radical language
o Talked about others wanting to harm them or exhibited paranoid behaviour
o Shown disturbed or intimidating behaviour

11
A member of University staff must fill in this form.

Name
Miss/Ms/Mrs/Dr/Prof
Job title

Faculty/Professional Service

Student name
Miss/Ms/Mrs/Dr/Prof
Student ID number
Course of study

The following concerns have been raised with me about the above student’s fitness to study:

[List events in date order. Please refer to any relevant documents which support the account, and attach the
documents to this form with reference numbers. Please make sure the form could be read and understood by
someone with no knowledge of the case so that they would be left understanding what the concern is and how
any evidence you have provided is relevant.]

I am attaching the following supporting evidence.


Document Attached or to follow
reference Brief description of document
Example 1 Screen shot of abusive Twitter message Attached

I have read the Supporting Students: Fitness to Study Procedure and understand that:
• I must provide all evidence referred to in this statement;
• you may provide this statement to the student named above in the course of any University action
taken into the concerns being raised; and
• due to confidentiality restrictions, I may not be allowed to know the outcome of any fitness to study
consideration.
Your signature: Date:

Send filled-in form to Kate Waugh, acting Deputy Director of Student Affairs (Enablement and
Wellbeing)

Notes to consider:
1. Try to make sure you have covered all relevant issues
2. Make sure you have not included details that are not relevant or could be unfair

Triage consideration:

Received by aDDoSA(EW) on:

Page 12 of 13
Is further information required for a decision to be made? Yes/No
If yes, indicate what is required:

Triage decision

The concerns are not supported – the student is felt to be fit to study;

The student is likely to be fit to study but a support plan must be successfully implemented
before a final decision is made. The support plan should include any of the following:-
An Engagement Plan. Specifically:

A Wellbeing Plan. Specifically:

A formal case conference will be held to reach a final decision.

Justification of decision:

Signed: Date:

Page 13 of 13
Information Security Policy
1. Introduction

The University has a duty to protect its information assets, ensure business continuity and maximise
the flow of information, internally and externally. Information security is vital to ensure effective data
sharing, at the same time protecting the information infrastructure from security incidents.

The Birmingham City University Information Security Policy is intended to safeguard the University,
University staff, students and owners of intellectual property rights from information security related
incidents and any consequential action, loss of income or damage.

The Policy also aims to establish control requirements on network systems, based on the International
Standards ISO/IEC 27001 and ISO/IEC 27002.

2. Scope

This Policy applies to all the following groups of staff and students at Birmingham City University.

Anyone accessing information that is the property of Birmingham City University

Anyone accessing the Birmingham City University computer network

Anyone using computer equipment that is the property of Birmingham City University

All Birmingham City University staff

All Birmingham City University students

Associate staff (Visiting Lecturers, KTP Associates)

Visitors to the University who are issued with temporary guest accounts

3. Responsibilities

It is the responsibility of all users of University information sources and systems to comply with
statutory, University, Faculty and Departmental instructions regarding the safeguarding of information
and information media.

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 1 of 8
It is the responsibility of all users of the University’s IT equipment, sources, systems and platforms to
comply with the Prevent Duty and the related guidance.

The University will make a summary of this Policy available to all new staff and students at induction
and enrolment. The University routinely uses the intranet to make staff aware of the Policy and to
inform them of any significant revisions to the Policy.

The University understands its responsibility for managing information correctly. Such information
management promotes business efficiency (recognising information as a primary asset, worthy of
protection), effective risk management, legal compliance (especially in relation to the Data Protection
Act) and sound corporate governance.

4. Information Security

Information security management has three basic components:

Confidentiality: Protecting sensitive information from unauthorised disclosure

Integrity: Safeguarding the accuracy and completeness of information and information


processes; practically, this involves identifying key data and rigorously
maintaining version control

Availability: Ensuring that information key to the business of the University is accessible in a
timely fashion

5. Access

All staff having access to sensitive data (particularly personal data) are responsible for ensuring that
access controls are not compromised by: revealing or allowing access to information by persons not
authorised to have it and failing to take reasonable precautions against unauthorised access.

The University provides computer workstations and communications network access to a variety of
services hosted either by the University, or by external agencies. Such services shall be used only for
work purposes or activities approved by the University.

Access to University information systems is only legitimate if the University has authorised this.

6. Systems Use

All computer systems and network access provided for use by University staff and students are subject
to the Conduct and Use of Computer Systems and Networks at Birmingham City University within the
Related Policies section of this document.

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 2 of 8
7. Risk management and information security incidents

All security incidents must be reported to minimise loss and damage to data. Anyone who encounters
an information security breach must report it immediately to the IT Help Desk.

Information Technology (IT) will be responsible for giving guidance to the rest of the University
regarding a breach, or potential breach of the University’s information systems.

With regard to personal data (i.e. data relating to an identifiable living individual) any suspected
unauthorised disclosure should be reported to the Information Manager, responsible for the University’s
compliance with the Data Protection Act.

8. Business continuity

Information security forms part of a wider business continuity context within the University. Information
Technology (IT) will ensure all information systems are documented so that should they fail, or if there
is a breach from external sources, recovery can be done promptly.

All University information systems are subject to potential loss of data due to failure of hardware or
software media. It is the responsibility of Information Technology (IT) (in the case of central systems)
and users (for local systems), to regularly make back-up copies of essential data and store it in a safe
location, remote from the main system. Computer media should not be carelessly stored.

You can make a request for the backing up of business critical data on central servers at the same time
as when you request any new servers or storage arrangements; due to the sizeable overhead
associated with data storage, data is not automatically backed up unless you make a formal request.

We will dispose of removable magnetic and optical media containing key business data in a controlled
and secure way when it is no longer required, please contact Information Technology (IT) in these
instances for advice. We will dispose of redundant computer equipment of in line with the Waste
Electrical and Electronic (WEEE) Regulations.

For more information regarding the approach to and the Business Continuity documentation see the
links in the Related Polices section

9. Legal compliance

This Policy is a key component in ensuring compliance with a wide range of legislation governing
information. Therefore, the University will try to ensure that its information systems are used within the
framework of the law and that the information itself remains lawful.

Section 26(I) of the Counter-Terrorism and Security Act 2015 requires the University to have due
regard to the need to prevent people from being drawn into terrorism. In implementing the Duty, the
Policy Reference: P00101, IT Security Manager, November 2015
Version: 1.4
Classification: Public

Page 3 of 8
University will strive to do so in a proportionate manner and to maintain its commitment to the Freedom
of Speech (Education Act 1986), the Academic Freedom (Education Reform Act 1988) and the Equality
Act 2010.

The Data Protection Act 1998 sets out the University’s legal obligations in relation to personal data; this
Policy deals specifically with that principle within it regarding data security. Any particular rules of use
of and access to data referred to in this Policy are informed by the Act.

10. Consequences of not following this Policy

All users, including any third parties with access to the University’s information or computing systems,
must comply with the University’s Information Security Policy as well as all other related Information
Technology (IT) policies, including the Policy for Use of Computer Systems Networks at BCU. This
requirement is included in the Conditions of Employment and where appropriate compliance will be
monitored.

After investigation if a user is found to have violated the University’s Information Security Policy and/or
procedures, they may be disciplined in line with the relevant University’s disciplinary policy and
potentially subject to legal proceedings.

In the case of a student(s) failure to comply with the conditions set out in the University’s Information
Security Policy and Code of Conduct this may result in suspension or withdrawal of access to
University computer systems and network facilities, and may also render them liable to disciplinary
proceedings.

In accepting employment with the University, employees are agreeing that confidential or sensitive
documents and data to which they will be given access as part of their duties must be kept confidential.
As part of the induction process for new staff, managers must ensure that they draw this to the
attention of new staff who will be involved in handling confidential information.

11. Exemptions

Exempt Groups or Individuals


None.

Exempt Equipment
None.

Exempt Circumstances
None.

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 4 of 8
ANNEX 1: Information to Supplement the Policy

Specific Security Measures

i. The University will provide unique identifiers for every user of the University’s information
systems
ii. Secure logon procedures and password management systems will be used to access the
University’s information systems. Passwords: a password is the personal property and
responsibility of the individual to whom it is issued; a user must not divulge such password
information to any other person unless authorised to do so by the Director of Information
Technology (IT). The full User Password Policy is available via this link in the related Policies
section of this document.
iii. Only licensed and authorised software provided by Information Technology (IT) may be used on
University System’s information.
iv. Computer media must not be carelessly stored in offices. Removable media must be stored
discretely in a secure environment where it cannot be obtained by any unauthorised persons.
v. University data classified as legally or contractually restricted must be encrypted.
vi. Staff using any personal data derived from University systems at home must take the
appropriate measures to ensure that the data is secure. For instance machines used to access
data University information on privately owned computer equipment, whether portable or static,
are to be protected by a firewall, operate anti-virus software, and be kept up to date with
security patches.
vii. Computer systems and networks which are used to hold personal information and therefore
subject to the Data Protection Act should not be created without prior advice from the
Information Manager.
viii. Information Technology (IT) supplies virus protection to the University’s information systems.
ix. Where devices, such as laptops, that contain University data are taken offsite (including
overseas) appropriate measures must be taken to ensure that data is secure and not
accessible. For instance devices must be password protected, be kept up to date with security
patches with data encrypted as appropriate. If a device containing University data is lost or
stolen, then the IT Help Desk should be contacted as a matter of urgency, so that the network
can be protected from the device and to enable it to be remotely wiped where that functionality
exists.

IT Systems

All IT purchases should be managed by the Information Technology (IT) department to ensure that
software and equipment is fit for purpose, purchased through the correct vendor at the lowest possible
price, and the support and on-going costs are fully understood and accounted for.

In some circumstances it is recognised that external services or suppliers will be required for bespoke
systems or services by faculties and departments. In this situation Information Technology (IT) will
need to be involved; so as to understand and identify where the universities resources are utilised, and
the implications on any other services or systems.
Policy Reference: P00101, IT Security Manager, November 2015
Version: 1.4
Classification: Public

Page 5 of 8
The point of contact is your IT Business Partner who will be able to offer advice on the following:
 Impact on other systems or services
 Support costs
 On-going costs
 Details of existing university systems/solutions
 Details of current development and future plans for software and hardware

The IT Business Partners should be involved at the beginning of any faculty or department IT resource
planning, system or service purchase.

All users must also be aware of the terms and conditions that they are agreeing to when installing and
updating any software for use with university information. Any queries should be directed to the IT
Business Partners. Information Technology (IT) is unable to guarantee ongoing support of systems or
equipment that has not received their approval before purchase. Information Technology (IT) will not
accept any risk or cost implications of systems that are purchased without their consultation.

Physical Access Control

The university access control system is managed by Information (IT) to control who is allowed to enter
and use university facilities. The entry system allows staff, students and associates access to the
buildings and subsequent restricted rooms on campus via a card entry system.

Data Protection Act

The Data Protection Act Manual is available via the link in the Related Polices section. Below is a
summary and the key principles of the Data Protection.

Data Protection Act Summary

The 1998 Data Protection Act imposes statutory conditions for the maintenance of personal data in
both manual and computer files, including data held by individual staff. Most of the personal data
processed by the University relates to its staff and students. However where necessary it also
processes the personal data of other clients and users of the University’s services. The University is a
registered Data Controller under the Data Protection Act. It is an offence to collect, keep, use or
disclose personal data in any manner that is not consistent with the University’s registration. Staff may
use or store personal data derived from the University’s systems (e.g. the personal data of students or
staff) at home for University purposes only.

It is the responsibility of the creators of any database or manual filing system to ensure that the data
held is consistent with the Birmingham City University Data Protection Register entry and in a manner
that is consistent with the eight data protection principles. If in doubt contact the Information
Management Team (Library and Learning Resources Department).

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 6 of 8
Data Protection Principles
As a Data Controller the University must comply with the eight enforceable principles of good practice.
These principles stipulate that the personal data processed by the University must be:
1. fairly and lawfully obtained;
2. processed for limited purposes;
3. adequate, relevant and not excessive in relation to the purposes for which they are processed;
4. accurate;
5. not kept longer than necessary;
6. processed in accordance with the data subject’s rights;
7. secure;
8. not transferred to countries without adequate protection.

This summary of the data protection principles has been derived from the website of the Officer of the
Information Commissioner. A copy of the full text of the Principles of Data Protection may be obtained
from the Information Manager within Library and Learning Resources.

Equality Impact Analysis Statement


Birmingham City University’s commitment to equality means that this policy has been screened, paying
due regard to the general duty in relation to the relevant protected characteristics, the use of
comprehensible, inclusive language, and the avoidance of stereotypes. This document is available in
alternative formats on request.

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 7 of 8
Related Policies and Documents

Code of Conduct for Use of Computer Systems and Networks

Data Protection Act Manual

User Password Policy

I.T. Business Continuity - Strategy

Finance Systems Rules and Training Manuals

University Financial Rules

Identification Card Information

Working at Home

Storage of Electronic Files (Staff)

Storage of Electronic Files (Students)

Information Security Policy Review

This policy will be reviewed on an annual basis, or if there is a change in legal or other business related
requirement.

Review Date Description Reviewer

25/11/2016 Information Security Policy IT Security Manager

Document History

Version Date Description Authors


Information Security Policy version 1.4
25/11/2015 IT Security Manager
(Prevent Duty inclusion)
Policy approved and accepted, by
22/03/2016 UEG approval
University Executive Group (UEG)

Policy Reference: P00101, IT Security Manager, November 2015


Version: 1.4
Classification: Public

Page 8 of 8
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Birmingham City University


Intellectual Property Policy
– Effective from 2017/18

Page 1 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Contents

1. Introduction...................................................................................................................... 6
2. IP right ownership .......................................................................................................... 7
2.1 Staff .............................................................................................................................. 7
2.2 Consultants working for BCU ............................................................................... 7
2.3 Taught Student rights (undergraduate, postgraduate and other taught
students) ................................................................................................................................ 8
2.4 Research Students rights ....................................................................................... 9
2.5 Copyright statement for Students...................................................................... 10
2.6 Reproduction of Student Materials for educational, training, research,
promotional and non-commercial purposes ............................................................. 11
2.7 Image rights ............................................................................................................. 11
2.8 Performance rights ................................................................................................ 12
2.9 Course Materials and Teaching Support Materials ....................................... 12
2.10 Publication ............................................................................................................ 13
2.11 Moral rights........................................................................................................... 13
3. Disclosure of IP rights ................................................................................................ 13
3.1 Confidentiality ......................................................................................................... 13
4. Protection of IP ............................................................................................................. 14
5. Exploitation of IP .......................................................................................................... 14
5.1 Assistance with Exploitation ............................................................................... 14
5.2 Management of Exploitation ................................................................................ 14
5.3 Signing of contracts and confidentiality agreements .................................. 15
5.4 Revenue Sharing from Exploitation of IP ......................................................... 15
6. Use of third party IP ..................................................................................................... 17
6.1 Internet Materials .................................................................................................... 17
6.2 Trademarks and Brands ....................................................................................... 17
6.3 Newspaper, Journal and Magazine articles and photos .............................. 17
6.4 Open source materials .......................................................................................... 17
6.5 Case studies to reflect BCU use of a third party’s information, photos,
trademarks for promotional purposes. ....................................................................... 18
7. Use of BCU branding................................................................................................... 18
8. Contracts with sponsoring or funding bodies ..................................................... 18
9. Conflicts of Interest ..................................................................................................... 18
10. Spin-out companies..................................................................................................... 19
11. Licensing ........................................................................................................................ 19
12. Equality ........................................................................................................................... 19
Appendix 1: Introduction to IP Rights....................................................................... 20
Appendix 2: Which IP will BCU want to assert ownership over? ...................... 23
Appendix 3: Document History ..................................................................................... 25

Page 2 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

IP Policy Definitions

“BCU” means Birmingham City University, a


higher education corporation of Perry
Barr, Birmingham, B42 2SU and where
relevant its subsidiaries;

“Consultancy” means services provided by a


Consultant;

“Consultant” means any person providing any


consultancy services to BCU whether
paid or unpaid;

“Course Material” means material produced for use with


Students including traditional paper
based material, digital media, web
based content, broadcasts, video and
audio materials and software. This can
include teaching material developed for
credit bearing and non-credit bearing
courses, materials designed for distance
or e-learning, and materials specifically
commissioned to be produced by BCU.
Examples include slides and other
audio-visual materials, manuals,
handouts, demonstration models and
other apparatus, assessment and
examination materials including revision
materials, podcasts, mobile apps with
an educational or teaching purpose;

“Creator” means any person who creates IP


and/or Materials, including an author or
designer under the Copyright Designs
and Patents Act 1988 (as amended
from time to time) and an inventor under
the Patents Act 1977 (as amended from
time to time);

“Exploitation” means any sale, transfer, assignment,


licence or other dealing in IP and/or the
supply, sale or licence of goods or
services involving use of the IP other
than through Consultancy or the
exploitation of Course Material;

“IP” means any intellectual property rights


such as patents, trademarks, domain
names and registered designs

Page 3 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

(including applications and the right to


apply and to claim priority for any of the
same in any country, region or
jurisdiction in the world) as well as rights
in inventions, goodwill, unregistered
design rights, copyright, database rights
and unregistered trademarks (as
described in more detail in Appendix 1);

“Materials” means any materials and any copies or


reproductions of such materials in any
electronic or physical format, including,
for example, those listed in Part A of
Appendix 2, any artistic works, literary
works, dramatic works, musical works,
design models, design documents,
sound recordings and/or films as
defined by the Copyright Designs and
Patents Act 1988 (as amended from
time to time), any inventions as defined
by the Patents Act 1977 (as amended
from time to time) and any processes,
know-how, data and information;

“Net Revenue” means Revenues less any costs or


expenses incurred by BCU in the
protection and Exploitation of IP as
defined in paragraph 5.4;

“Research Student” means those Students enrolled by BCU


who are taking a programme of study
whether part time or full time which
leads to the award of an MPhil or PhD
or equivalent research degree made by
BCU;

“Revenue” means any capital and/or income


directly received or receivable by BCU
in respect of Exploitation of IP from
external partners and sources as a
payment for commercial research,
consultancies, training contracts,
general IP development, licence fees
and royalties but excluding Revenue
received from a company in which the
member of Staff or Student has an
interest whether as shareholder or
otherwise;

Page 4 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

“Revenue Sharing” means the process for sharing Revenue


between BCU and its Staff and/or
Students as set out in paragraph 5.4;

“RIE” means Research, Innovation and


Enterprise, a department within BCU;

“Staff” means any person employed whether


on a part time, full time or agency basis
by BCU and its subsidiary companies;

“Student” means any person undertaking any


course of research or study (credit or
non-credit bearing) whether part or full
time in conjunction with BCU;

“Taught Student” means those students who are enrolled


at BCU to take a programme of taught
study whether part time or full time
offered by BCU. The programme may
lead to an award of BCU or an award
made by an external body or it may be a
non-credit bearing short course;

“Teaching Support Material” means personal notes created by Staff


for the purposes of course delivery (for
example personal lecture notes and
annotations to support Course Material);

“Use” means the right to carry out all acts


restricted under the Copyright Designs
and Patents Act 1988 (as amended
from time to time) and/or Patents Act
1977 in all formats for educational,
training, research, promotional and any
other non-commercial purposes
(including those purposes described in
paragraphs 2.5 and 2.6), but not for
Exploitation.

Page 5 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

1. Introduction

BCU recognises the production and sharing of knowledge is central to the mission of a
university such as BCU and the importance of its contribution to the development of
individuals and society. IP generated by teaching, research, and other work done at BCU
where BCU facilities or resources have been used is an important asset of BCU, and has the
ability to enhance its reputation as a creative, enterprising and professional organisation.

For example, BCU needs to protect its investment and rights in the IP in its Course Materials,
so that they can be developed and improved over time to enhance the student experience as
the teaching of Students is a core activity of BCU. Similarly BCU has the responsibility to
identify, protect and manage effectively its IP from its research output to enhance its research
profile. All IP which has commercial potential needs to be identified, protected and exploited to
enhance BCU’s reputation as well as generate income. BCU may work with partners to exploit
its IP. BCU wishes to encourage all Staff and Students to contribute towards this activity.

1.1 Scope

This Policy is about Intellectual Property (“IP”) as generated every day by Staff and Students
and the use of third party IP in BCU. This Policy shall apply to all forms of IP and Materials in
any format and in any medium and applies to all Staff with a BCU contract of employment, and
Students and other third parties who contribute to the creation of IP and Materials jointly with
or on behalf of BCU. It provides Staff and Students with a way to engage for the benefit of
BCU and themselves.

This Policy revision is dated 1st August 2013, and applies to all IP generated after that date by
members of Staff or Students. This revision supersedes the previous IP Policy dated 31st
January 2006. BCU has always considered it “owned” IP generated by its Staff in BCU time or
using BCU resources prior to the date of this Policy.

In exceptional circumstances, and where it is in the interest of BCU, the provisions of this
Policy may be varied by written agreement between individual(s) concerned and BCU.

BCU intends to make it easier for individuals and departments to manage external activities
and to ensure a degree of consistency and professionalism in its dealings with external
bodies. Therefore linked to this Policy are BCU standard agreements for use when
undertaking external activities involving BCU IP. Current versions of this Policy will be
available on RIE’s intranet website. BCU’s standard agreements are available upon request
from RIE.

1.2 Contact

RIE is responsible for the communication and administration of BCU’s IP Policy. Overall
responsibility vests in the Vice Chancellor.

Any queries regarding this IP Policy should be directed to the Head of Innovation &
Entrepreneurship, RIE.

Page 6 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

2. IP right ownership1

2.1 Staff

In accordance with legislation including but not limited to the Patents Act 1977 (or as amended
from time to time) and the Copyright, Designs & Patents Act 1988 (or as amended from time
to time), IP created or developed by Staff through the course of employment belongs to the
employer i.e. BCU. In the case where Staff are also Students, their employment status takes
precedence unless BCU indicates otherwise.

If Staff create IP outside the normal course of their duties of employment, with use of BCU
resources, they will be deemed to have agreed to assign such IP to BCU. In such
circumstances, BCU requires Staff to sign a confirmatory assignment of the relevant IP to
BCU using BCU’s standard wording (available from RIE on request). If in dispute, the decision
of whether or not use has been made of BCU resources will be made by the appropriate Pro
Vice Chancellor at the sole discretion of BCU.

BCU acknowledges the rights of Staff to retain ownership of IP and obtain benefit from all
Materials arising from activities undertaken outside employment duties with BCU.

Where Staff are assigned duties or specifically commissioned in order to produce specific
Materials and/or IP, Exploitation of these would not be included as part of Revenue Sharing.

If Staff are working at other institutions for example as an honorary academic they should
have an agreement in place between BCU and the other institution in relation to IP. Any IP in
Materials created during that appointment should normally lie with the employer who pays the
salary.

Members of Staff who have an honorary association with BCU but are not employed by BCU
are generally required to transfer any IP in Materials they create in the course of their
honorary activities to BCU, subject to the terms and conditions of their honorary contract.
Such individuals will be treated as if they were Staff for the purposes of Revenue Sharing.
This includes visiting academics and individuals with honorary appointments at BCU.

If, having received full disclosure from the relevant member(s) of Staff, BCU decides it does
not want to own, protect or Exploit the IP in the relevant Materials (see Appendix 2 for a list of
examples), BCU will normally upon request assign its rights in the IP to the Creator, subject to
any third party interests. BCU may not always be able to assign the rights in the IP to the
Creator, for example, where a public sector body has funded work, that body may acquire the
IP if BCU chooses not the Exploit the IP. In the event that the assigned IP is subsequently
Exploited, BCU might require the Creator to pay the reasonable costs incurred by BCU in
relation to such IP prior to the assignment.

2.2 Consultants working for BCU

IP in Materials created during the course of their work for BCU by Consultants belongs to
BCU, unless agreed otherwise in a contract between BCU and the Consultant. Consultants
are expected to contract with BCU on BCU’s standard contract for procurement of services
(standard consultancy contracts are available upon request from RIE).

1
See Appendix A and B for further details
Page 7 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

2.3 Taught Student rights (undergraduate, postgraduate and other taught students)

BCU acknowledges that Taught Students, as non–employees, own the IP they create
independently in the course of their studies. This is subject to the exceptions detailed in this
section 2.3.

Taught Students hereby grant to BCU a non-exclusive, royalty free, perpetual and irrevocable,
worldwide licence to Use the Materials they create and/or provide to BCU in the course of their
studies.

Taught Students are responsible for ensuring that they are able to grant BCU the rights set out
in this Policy, including seeking permission from relevant third parties where appropriate.

If Taught Students:

• Create Materials in the course of any externally funded research and/or other projects,
the ownership of IP in the Materials will be determined by the conditions of the funding.
This means that BCU and/or the external sponsoring body will own the IP.
• Generate Materials with the substantial benefit of the BCU environment (which
includes using BCU’s facilities, resources, expertise and intellectual assets), IP in such
Materials shall belong to BCU.

In these instances the Taught Student is deemed to have agreed to assign such IP to BCU.
BCU requires Taught Students to assign their IP to BCU and to complete and sign formal
documentation to give effect to such an assignment.

Examples where BCU requests that the Taught Student assign the IP to BCU include:

• Research projects which are usually proposed by BCU Staff and may often be
connected in some way to BCU’s on-going research interests and involve the use of
pre-existing BCU IP. In such cases, Taught Students may join a team to investigate
one particular aspect of a much larger academic programme, thereby drawing on the
considerable expertise, reputation and infrastructure of the group.

• Where Materials developed by Taught Students may be needed to enable use to be


made of the whole IP portfolio developed by Staff, or where IP is developed during the
provision of courses using the input of Students, BCU seeks to avoid a position where
a small gap in its IP portfolio precludes successful commercialisation.

• Where Materials are based on advice and ideas contributed by Staff and may be
based on confidential, proprietary or otherwise valuable information that already
belongs to BCU or a sponsor or where equipment of BCU is used to generate IP or
where IP is created in collaboration with Staff.

If BCU does not want to own, protect or Exploit the IP (see Part B of Appendix 2 for a list of
examples), BCU will normally upon request release its rights in the Materials to the Creator.
BCU may not always be able to release its rights in the IP to the Creator, for example, where a
public sector body has funded work, that body may acquire the IP if BCU chooses not to
Exploit the IP. In the event that the released IP is subsequently Exploited, BCU might require
the Creator to pay the reasonable costs incurred by BCU in relation to such IP prior to the
release.

Page 8 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Taught Students may voluntarily enter into a contract with BCU (at its discretion) to cover IP
ownership and Exploitation of any Materials they create outside the course of their studies or
which is not generated with the substantial benefit of the BCU environment. At its discretion,
BCU may lead on Exploitation on behalf of the Taught Student in exchange for Revenue
Sharing. The Taught Student shall give BCU all reasonable assistance to enable protection
and Exploitation.

2.4 Research Students rights

All Research Students are required as a condition of enrolment to assign all IP they create
during the course of their research to BCU and shall at the request and cost of BCU do
everything necessary to enable BCU to complete, create, assert, and defend its IP. This is
subject to the exceptions detailed in this section 2.4.

Research Students are responsible for ensuring that they are able to grant BCU the rights set
out in this Policy, including seeking permission from relevant third parties where appropriate.

The reason for this is that the Research Student makes use of the BCU environment (which
includes facilities, resources, expertise and intellectual assets), they are enrolled on research
programmes which may be proposed by BCU Staff and may often be connected in some way
to BCU’s on-going interests and may join a team to investigate one particular aspect of a
much larger research programme, thereby drawing on the considerable expertise, reputation
and infrastructure of the group. Materials created may be based on advice and ideas
contributed by Staff or on confidential, proprietary or otherwise valuable information that
already belongs to BCU or a sponsor or, Materials developed by Research Students may be
needed to enable use to be made of the whole IP portfolio developed by Staff. BCU seeks to
avoid a position where a small gap in its IP portfolio precludes successful commercialisation
and so requires the Research Student to assign the IP to BCU.

The Research Student will be deemed to have agreed to transfer such IP to BCU and will be
treated as if they were a member of Staff for the purposes of Revenue Sharing. Where
required BCU will make appropriate arrangements for Research Students to assign their IP to
BCU and to complete and sign further documentation to give effect to such an assignment.

The exceptions to the above rule are:

• Where significant IP is provided by the Research Student prior to enrolment, BCU and
the Research Student will agree terms to the assignment of any such pre-existing IP
on a case-by-case basis.

• Where Research Students are funded independently of BCU such as by an external


body, including but not limited to commercial organisations, educational bodies,
charitable bodies, trusts and any other organisations, the ownership of any IP created
whilst the Research Student is funded may be determined by the conditions of the
funding. This will be dealt with on a case-by-case basis at enrolment to ensure that it
does not contravene the conditions of grant and other agreements with the external
body or the IP portfolio of BCU. Where relevant, the Research Student shall inform
BCU of any funding terms and conditions prior to or when they enrol on a research
programme at BCU.

• Where BCU decides at, or any time after, enrolment it does not want to own, protect or
Exploit the IP (see Part B of Appendix 2 for a list of examples), BCU will normally upon
Page 9 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

request assign its rights in the Materials back to the Research Student, subject to any
third party rights. BCU may not always be able to assign the rights to the Research
Student, for example, where a public sector body has funded work, that body may
acquire the IP if BCU chooses not the Exploit the IP. In the event that the assigned IP
is subsequently Exploited, BCU might require the Research Student to pay the
reasonable costs incurred by BCU in relation to such IP prior to the assignment.

Where any of the above exceptions apply, Research Students hereby grant to BCU a non-
exclusive, royalty free, perpetual and irrevocable, worldwide licence to Use the Materials they
have created prior to enrolment or that they create in the course of their studies, provided that
BCU may (acting reasonably) agree to waive such licence in certain circumstances, including,
for example, agreeing to keep the Materials confidential for commercial reasons relating to
Exploitation by the Research Student or by a third party on the Research Student’s behalf.

2.5 Copyright statement for Students

When Students submit work for assessment it may be necessary for BCU to make paper
and/or electronic copies, or to allow appropriate third parties to make copies, of that work.
Without limiting BCU’s other rights under this Policy, BCU may make copies, and may
authorise third parties to make copies, of any work submitted by a Student for assessment for
the following purposes:

1. to enable the Student work to be assessed;

2. to upload the Student work to a plagiarism detection service in order to compare


the Student work with databases of previously available works to confirm there
is no plagiarism. Assignments uploaded to such a service will be stored
electronically in a database, together with the Student name and email
address. The database enables the Student work to be compared with work
already submitted to the detection service both by BCU and by other UK
institutions using the service to identify any duplication of material in the
Student work;

3. to add the Student work to these databases to ensure that future works
submitted at this institution and others are not plagiarised from the Student
work;

4. to archive electronically and make the Student work accessible via a BCU e-
repository (“the Repository”). All third party material will be omitted unless the
Student has obtained and attached a written permission statement from the
owner(s) of the material included in the work. This should also include page
numbers, references and original source details. If the Student work is at
anytime in consultation with a publisher regarding this work the Student will
need to declare the copy held on the Repository. Some publishers may regard
the Repository copy as constituting prior publication. The copy can be removed
from the Repository if it becomes an obstacle to future commercial publication.

Page 10 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

2.6 Reproduction of Student Materials for educational, training, research,


promotional and non-commercial purposes

There are circumstances in which BCU may wish to reproduce, issue, communicate,
distribute, and exhibit Materials created by Students to the public, for non-commercial
purposes, such as but not limited to educational, training, research and promotional use which
includes but is not limited to databases, websites, academic publications, exhibition
catalogues, posters, leaflets, postcards and prospectuses. For the avoidance of doubt,
promotional use includes circumstances in which BCU may use the Materials to promote BCU
for its own purposes and such promotional activities shall not be considered to be commercial
purposes.

While the licences granted to BCU in this Policy authorise such use, for the avoidance of
doubt where the Student has in accordance with this policy granted only a licence to BCU, the
copyright in all such works shall remain with the Student and any reproduction by BCU
intended for commercial purposes will be subject to an individual licence to be negotiated with
the Student.

Except in the circumstances outlined above, where Staff wish to reproduce Materials created
by Students they are advised to contact RIE to obtain advice and the relevant release forms
prior to any use of any Materials created by Students.

2.7 Image rights

The policy of BCU is that the rights of Staff, Students and visitors to BCU, or individuals and
groups who are visited by BCU’s representatives, should not be jeopardised by any BCU
activity. BCU further recognises its responsibilities towards children and young people.

Images may be captured during events, seminars and lectures organised and hosted by BCU
using film photography, digital photography, video or other audio-visual medium and may be
used on the BCU website, BCU prospectus or course brochures or in other publicity material
(such as internal and external newsletters), exhibition of Student work or graduation ceremony
brochures and Course Materials, and may be provided to the media for publication in local or
national newspapers or educational magazines. BCU acknowledges its responsibilities in
capturing images by photography or other means under the provisions of the following
legislation.

The Children and Young Persons Act 1963 (or as amended from time to time): BCU
undertakes to seek a licence where necessary from the appropriate local authority for any
performance activity in which children are taking part and which may be recorded with a view
to being broadcast, published or shown to the public.

The Protection of Children Act 1978 (or as amended from time to time): BCU recognises that it
is a criminal offence to take, permit to be taken, distribute, have in one’s possession or publish
indecent photographs (including films and other imagery) of children.

The Human Rights Act 1998 (or as amended from time to time): BCU recognises an
individual’s rights to privacy as protected by this Act.

The Data Protection Act 1998 (or as amended from time to time): BCU undertakes to inform
all those whose images may be recorded (or their parents/guardians if under 18 years of age)
of the purposes for which the images may be used by BCU.
Page 11 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

In this context BCU informs all persons taking part in BCU activities that they may be
photographed, filmed, videoed or otherwise captured in image form. Where possible and
practical to do so, BCU seeks written consent to image capture (release forms available upon
request from RIE). Where this is not possible for practical reasons, unless express objections
are received, individuals attending an event at BCU are deemed to have given their consent
by attending or remaining at the event. Any queries or complaints should be raised with the
event host in the first instance.

2.8 Performance rights

BCU acknowledges that Students and Staff own all performers’ rights in any performance.
Performances are defined as a musical performance, a dramatic performance, a reading or
recitations or a performance of a variety act or similar performance. Performance rights exist
independently of copyright and moral rights in any works.

Students and Staff hereby grant to BCU a non-exclusive, royalty free, perpetual and
irrevocable, worldwide licence to Use any recording (in any format) of any performance:

• by Students created in the course of their studies; and


• by Staff created in the course of their employment (including for example any recording
of their lectures).

Where Students or Staff use a third party recording at BCU and/or publicly perform a third
party work, they are responsible for ensuring that they have the right to use such recording
and/or publicly perform such, including seeking permission from relevant third parties where
appropriate.

2.9 Course Materials and Teaching Support Materials

In the case of Course Material produced for use with Students or Course Material developed
for credit bearing and non-credit bearing courses including Course Material designed for
distance or e-learning (i.e. designed to be predominantly used by Students studying at a
distance from BCU) and/or where the Course Material has been specifically commissioned to
be produced for BCU, the IP in such Course Material belongs to BCU.

BCU grants the Creator of the Course Material a royalty-free, non-exclusive licence to use the
Course Material created by them for teaching or research purposes which are non-commercial
only for as long as the Creator remains employed by BCU or a Student.

Such licence may continue at the sole discretion of BCU after the termination of employment
or studies or engagement with BCU provided that the use of the Course Materials does not
damage the Exploitation of the Course Materials by BCU or prejudice in any way the interests
of BCU. BCU copyright with year should be shown on all Course Material e.g. © Birmingham
City University 2013.

Course Material that is the copyright of BCU can only be used for non-commercial purposes.
Use of Course Material for commercial purposes is not included as part of Revenue Sharing.
BCU does not seek ownership rights over Teaching Support Material as long as it retains a
royalty-free, worldwide, sub licensable, non-exclusive licence to Use the Teaching Support
Material.

Page 12 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

2.10 Publication

A member of Staff or Student shall inform BCU (usually via line management to RIE) before
entering a commercial contract (excluding non-commercial academic work such as journal
papers) with a publisher or producer of works in other media in relation to copyright in a work
produced by that Staff member or Student where the IP belongs to BCU or where BCU has
any rights in the IP. BCU will usually agree to the assignment of copyright to the publisher in
paper printed Materials and electronic Materials intended for publication in academic journals,
websites or books unless:

a) it relates to Materials specifically produced as distance learning materials; or


b) where publication could result in certain rights of BCU being adversely affected, for
example, inability to apply for patent protection. In this latter case consent will be given
once the adverse effect no longer exists.

Other cases will be considered on a case by case basis.

2.11 Moral rights

Moral rights protect such things as derogatory treatment or false attribution. Under Clause 79
(3) of the Copyright, Designs & Patents Act 1988, it is clear that an author’s moral rights do
not apply to works created during the course of employment. BCU will so far as is practicable
identify the original author(s) to works created by Staff or Students.

3. Disclosure of IP rights

Where any member of Staff or Student of BCU creates any of the types of Materials listed in
Part A of Appendix 2, they shall declare its existence to RIE. To facilitate the process Idea
Disclosure Forms are used (available on request from RIE). These documents support
ownership claims and protect the confidentiality rights of the individual and BCU and should
contain all necessary information concerning the provenance of the Materials and the
circumstances in which they were created (including information on research funding and
other contributions to the work).

RIE shall determine whether BCU has any obligations to research sponsors or other
organisations in respect of the IP in the Materials. Where there are no such obligations RIE
following consultation with the Creator of the Materials shall decide upon and implement the
most appropriate route for Exploitation (if any).

In the event of a dispute between the Creator of the Materials and RIE concerning ownership,
protection or Exploitation of the IP the matter shall follow the Grievance Procedure in the Staff
Handbook. Within this process the BCU reviewing manager may consult any external expert
that s/he considers to be desirable.

Where BCU decides to seek Exploitation, the Creator of the Materials shall provide
reasonable assistance with the Exploitation process by (for example) providing information
promptly upon request, attending meetings with potential partners and advising of further
development.

3.1 Confidentiality

Page 13 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Although the Freedom of Information Act 2000 has a presumption that most information within
BCU should be publicly available, in terms of protecting IP, Staff and Students should be
aware of the importance of maintaining strict confidence over BCU confidential information
(including Materials and/or IP) and take all reasonable steps to ensure that confidentiality is
maintained. This is important otherwise it may impair BCU’s ability to claim ownership and/or
Exploit the IP. Commercially sensitive documents should be marked as “Confidential” on all
pages. RIE will assist with the correct confidentiality requirements should external
confidential disclosure be required (forms available on request from RIE). See paragraph 5.3
for signing confidentiality agreements.

4. Protection of IP

Where appropriate, Staff and Students should ensure that the creation of IP is properly
documented in a form that would enable the date of creation of the Materials and the nature of
the IP to be clearly established.

This may be through regular dating and signatures on log-books, or through writing-up and
self-addressing of posted descriptions as appropriate. It may be by ensuring copyright in a
work is properly asserted (using the  symbol followed by BCU and the year of creation of the
work on all relevant documentation). Such protection must include such work as bid
submissions and conference papers.

Where it is decided that BCU will apply for legal protection for IP, such as registration, it is
expected that Staff or Students involved in creating the relevant Materials will provide all
reasonable assistance in the process, for example, by providing information promptly upon
request, attending meetings, advising on further developments and maintaining confidentiality
as required.

5. Exploitation of IP

BCU will consult with the Creator(s) and all other relevant Staff and Students, and consider all
reasonable proposals, in relation to the Exploitation of IP. Where such IP belongs to BCU, it
will be subject to Revenue Sharing unless excluded under paragraph 2.1. In all other cases
assistance may be given with Exploitation subject to agreeing satisfactory arrangements
which ensure that BCU receives an appropriate share of any monetary or other revenue or
value derived from Exploitation.

5.1 Assistance with Exploitation

BCU actively encourages its Staff and Students to take the initiative in identifying IP which has
potential Exploitation or publicity value or which could otherwise enhance the reputation of
BCU together with the potential scope of its Exploitation as appropriate.

After disclosure by, and consultation with, the Creator(s), BCU may through RIE, decide at its
discretion to protect or develop such IP using BCU resources and funding.

For IP that it decides to assist with the Exploitation of, RIE, in collaboration with the Creator(s),
shall draw up an IP project proposal (including IP protection requirements, time schedule &
targets, budget, expected income and further long term development plans for the IP) and
accompanying commercial contracts, where necessary.

5.2 Management of Exploitation

Page 14 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

RIE in conjunction with the Creator(s) and the project manager will implement the above plan
for Exploitation.

Possible opportunities for Exploitation are:

• Research agreement in collaboration with external partners


• Licensing
• Spin-outs companies
• Joint ventures funded jointly with an external partner

5.3 Signing of contracts and confidentiality agreements

All contracts with external bodies need to be signed by an authorised signatory of BCU in line
with the Quality Assurance for External Projects. RIE can provide advice.

Confidentiality agreements need to be signed by the individuals undertaking the obligation of


confidentiality and must be countersigned by the relevant authorised signatory within the
Faculty or Service Department. Staff and Students are only authorised to enter into
confidentiality agreements with third parties on behalf of the BCU using BCU standard
confidentiality agreements. Any variations to the BCU standard confidentiality agreements or
third party originated confidentiality agreements must be agreed by RIE before signing. All
original signed documents must be sent to RIE for filing.

5.4 Revenue Sharing from Exploitation of IP

While BCU retains the ownership of IP as set out above, it will incentivise its Staff and
Students by sharing Revenue generated from IP.

Any Revenues which arise from Exploitation of the IP which are received by BCU will be
apportioned in accordance with a sliding scale as set out below.

Each case will need to be considered in the light of the individual circumstances applying, for
example, the balance between BCU time and resources and those privately invested by the
individual concerned or performance against a business plan. BCU reserves the right to
negotiate different terms for sharing Revenue from those below and will normally do so when
outside bodies are involved or when the case is complex and shared between a number of
people who are responsible for origination. This includes but is not limited to spin-out company
formation or Exploitation with external partners.

BCU shall be entitled to recoup from Revenue any costs or expenses it incurs in protection
and Exploitation of the IP including but not limited to:

• The costs associated with protection of the IP


• The costs of defence of the IP
• The costs of marketing the Materials
• The costs of any legal agreements associated with the IP
• The costs of any development work that is not externally funded or recoverable
• Any other costs that are deemed by RIE to be necessary to the successful
commercialisation of the IP
• An appropriate apportionment of the costs of RIE
• Overheads on all of the above

Page 15 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

• The risk cost of any capital sums applied as appropriate at the appropriate market rates
• Additional expenses incurred by BCU in paying additional PAYE income (or equivalent)
such as employer’s contribution to National Insurance or pension costs. Please note that
the Revenue sharing benefits are not normally pensionable.

This will generate Net Revenue and this will be apportioned as defined below.

Net Revenue Creator’s share BCU share Faculty/Service


Department share
First £15,000 of 80% 10% 10%
Net Revenue
Revenue > 50% 25% 25%
£15,000 of Net
Revenue

It is the responsibility of the Creators to keep BCU informed of their status and whereabouts.
Whilst Revenue is being accrued, BCU will set aside Revenues for up to 2 years for Creators
who have changed bank accounts and lost contact with BCU. BCU will not be a trustee of any
such unclaimed Revenue payments.

Any Revenue payments remaining unclaimed for 2 years from the date the Revenue is
received by BCU will, after that date, be forfeited and will revert to BCU and will be distributed
between any others entitled to share in such Revenue, excluding the missing Creator(s).

In the case of the death of a Creator due a share of Revenue, that share of Revenue will be
payable to the estate of the deceased.

BCU ensures that both employer’s and employee’s statutory contributions are remitted to Her
Majesty’s Revenue and Customs (HMRC). The statutory deductions for income tax and
National Insurance are made, and Staff receive the net amount. Non-BCU Creators (including
ex-Staff and Students) must ensure that they are registered with HMRC for self-employed
Schedule D status as they are legally responsible for their own tax arrangements.

The Revenue sharing arrangements above shall not be applicable to members of Staff who
are assigned duties in order to produce the IP. Any payments to Staff in this category shall be
the subject of ad hoc determination by the relevant Executive Dean or Service Director at the
time of receipt of Revenue.

Where more than one member of Staff and/or Student is involved in the development of IP,
there will be a presumption that joint Creators will each have equal shares. For example
where there are two joint Creators, a Net Revenue of £10,000 will be split as follows.

Creator 1 £4,000 (40%)


Creator 2 £4,000 (40%)
BCU £1,000 (10%)
Faculty/Service Department £1,000 (10%)

The equal split between joint Creators may be varied if there is a specific agreement to the
contrary as agreed by the Creators. Where joint Creators cannot reach an agreement on the
shares to be apportioned, BCU will mediate/arbitrate to impartially assist the Creators in
reaching an amicable compromise.

Page 16 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

6. Use of third party IP

Documents, information or other materials belonging to third parties should only be used in
connection with BCU activities or incorporated into BCU promotional, teaching or research
materials with the consent of the third party. Failure to do so could lead to BCU being sued for
unauthorised use and damage the reputation of both BCU and the individual concerned.

While Students are ultimately responsible for their own actions, Staff are encouraged to
educate Students in respect of the use or incorporation of third party materials into the
Students’ work and Staff are required to confirm that Students are able to identify when third
party materials have been used or incorporated into their work.

When photographs of Student work needs to be taken for use in BCU promotional materials,
BCU may commission the photographer and the commissioning Staff member is responsible
for obtaining a budget and ensuring that the photographer grants BCU the necessary rights to
reproduce the photographs in any promotional material.

A list of current subscriptions paid annually by BCU for use in teaching is published at
library.bcu.ac.uk.

6.1 Internet Materials

It is sometimes thought that material posted on the internet is freely available for use. This is
not true. Most material will be copyright protected and therefore permission must be sought
before any such material is used in any BCU promotional, research materials or Course
Materials. RIE can assist with advice and suitable acknowledgement wording. BCU’s Library
Services can assist in the location of the author and in the seeking of permission for use.

6.2 Trademarks and Brands

A trade mark is a designation of goodwill. The permission of the owner must be sought before
any third party trade marks (such as logos, company or product names) or other branding are
used in any BCU promotional, research materials or Course Materials. RIE can assist with
advice and suitable acknowledgement wording. BCU’s Library Services can assist in the
location of the author and in the seeking of permission for use.

6.3 Newspaper, Journal and Magazine articles and photos

Most newspaper, journal and magazine articles and photos will be copyright protected and
permission must be sought before any such material is used in any BCU promotional,
research materials or Course Materials. BCU has overall arrangements which cover some
publications but if such use is not covered by these general arrangements, RIE can assist with
advice and suitable acknowledgement wording. BCU’s Library Services can assist in the
location of the author and in the seeking of permission for use.

6.4 Open source materials

Some software and databases are freely licensed under what is called open source licences.
Where such materials are used, it is often a requirement that the end product produced with
them is also made freely available under open source. Any proposed use of open source
materials in BCU teaching or research materials, especially those with external funding,
should be discussed with RIE before any such use.
Page 17 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

6.5 Case studies to reflect BCU use of a third party’s information, photos,
trademarks for promotional purposes.

Most case studies, from whatever source, will be copyright protected and permission through
a signed agreement (form available upon request from RIE) must be sought before any such
material is used in any BCU promotional, research materials or Course Materials. RIE can
assist with advice and suitable acknowledgement wording. BCU’s Library Services can assist
in the location of the author and in the seeking of permission for use. Equally where a third
party wishes to use a BCU case study, it should be by formal agreement (form available upon
request from RIE).

7. Use of BCU branding

The BCU branding policy and guidelines are issued by the Marketing and Communications
Department.

BCU supports a variety of BCU branded online media in the public domain. Staff must not use
any other online medium for publishing Course Materials without permission of their Faculty
Board.

Requests for the use of BCU name and/or branding by third parties in endorsing research and
products shall be referred to Marketing and Communications Department.

8. Contracts with sponsoring or funding bodies

BCU looks for sponsorship and funding of its activities from a broad base. When negotiating
with external sponsors, BCU retains the discretion to reach an agreement with the sponsor in
relation to proper Exploitation of the IP. Where commercial bodies provide sponsorship, BCU
generally seeks to retain the IP and usually agrees to give the sponsor a licence to exploit the
rights on a commercial basis. Negotiations with external sponsors take into account the level
of overheads paid by the sponsoring body whilst reflecting the overall public interest in BCU
retaining the IP. Occasionally retention of the rights in IP may not be feasible. Where BCU
cannot negotiate IP Exploitation it will seek publication rights.

Contracts with the sponsors clearly setting out the position are negotiated before the start of
the work in order to avoid subsequent disputes. RIE takes the lead in negotiations with
sponsoring or funding bodies.

BCU may delegate its powers to negotiate to a member of Staff in a particular case and takes
due account of the need to avoid conflicts of interest.

9. Conflicts of Interest

BCU wishes to avoid any actual or perceived conflict of interest in handling its IP. Where a
member of Staff or RIE has reason to believe that entering into any particular agreement,
whether a BCU agreement or a private agreement, may lead to an actual or perceived conflict
of interest the member of Staff is required to work with RIE to explore the circumstances of
such potential or actual conflict.

Upon the results of a joint investigation, RIE will decide, after taking advice, what, if any,
action should be taken to avoid the conflict of interest, which may include for example,

Page 18 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

modifying an agreement, entering into an additional agreement, taking no action or not


allowing the agreement to proceed.

In the event that the decision is disputed, the matter shall be referred to the appropriate Pro
Vice Chancellor. Following consultation with the parties and any external expert that the Pro
Vice Chancellor considers to be desirable, the Pro Vice Chancellor shall decide upon a final
course of action to resolve the dispute.

10. Spin-out companies

BCU will consider the establishment of, or participating in the creation of, a limited company or
a joint venture with a suitable partner to exploit particular IP if it has the right characteristics.

Shareholdings by Staff or Students in BCU spin-out companies and joint ventures will be
agreed on the basis of the business and/or technical requirements of the respective spin-out
company or joint venture.

This does not include Student or graduate start-up companies where BCU does not hold an
interest in the IP.

11. Licensing

BCU considers the licensing of IP to third parties in order to exploit particular IP if it has the
right characteristics. RIE will take the lead in any negotiations for the licensing of IP to such
third parties.

12. Equality

BCU’s commitment to equality means that this policy has been screened against the aims of
the general duty in relation to the relevant protected characteristics, the use of
comprehensible, inclusive language, and the avoidance of stereotypes. This policy is
available in alternative formats on request.

Page 19 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Appendix 1: Introduction to IP Rights

There are a number of different IP rights which are recognised by English law. Generally IP
rights can be assigned, licensed or otherwise transferred by their owner, moral rights cannot
be assigned. Some dealings may need to be in writing and some may require registration.
“IP Rights” means rights for which registered protection is available upon application such as
patents for inventions and registered designs, trademarks, domain names and registered
designs and others where no application is necessary in the UK such as some design rights,
copyright and moral rights, database rights, unregistered trademarks, know-how and
confidential information. IP Rights generated by an employee in the course of employment
belong to the employer. Generally in other circumstances they belong to the Creator although
some may belong to the person paying for their creation.

Patents
A patent is a monopoly right to the exclusive use of an invention. “Invention” encompasses
machines, products, processes and their individual constituent parts. A patent gives its owner
the exclusive right to prevent others from using or exploiting his invention. Not all inventions
are patentable, for example discoveries of certain scientific or mathematical methods and
some computer software are not patentable inventions. The invention must be shown to be
new; involve an inventive step; be capable of industrial application; and not be of an excluded
type.
An invention must never have been made available other than under a valid confidentiality
agreement to anyone, in any way, anywhere in the world before the date on which the
application for the patent is filed. It is acceptable for an invention to be known secretly and to
be used for example under a confidentiality agreement. It is vital to ensure that the ability to
obtain patent protection is not lost by disclosure other than under a confidentiality agreement.
Patents are available in the UK and in many other foreign jurisdictions. A UK patent has a life
of 20 years from the date of filing the application. During that 20 year period, the patentee has
the option of renewing it annually upon payment of a progressively higher renewal fee. There
are supplemental protection periods of up to 5 years beyond the normal terms of a patent in
the case of certain medicinal and plant protection products. The right to apply for a patent
usually belongs to the inventor. However an invention made by an employee employed to
invent or made by him in the course of his normal duties will normally belong to his employer.
Additionally if the employee has some special responsibility to further the employer’s business
the invention will again belong to the employer. All other inventions which do not fall within
these categories belong to the employee. In the majority of cases, inventions made by
members of staff at BCU will belong to BCU. Where the employer has the benefit of a patent
which arises from an invention of the employee, the employee is entitled to a limited amount of
statutory compensation. Where the patent belongs to the employee but the employer
acquires it by licence or assignment, the employee is entitled to statutory compensation if
there is a disparity between the remuneration that the employee receives and the right and
benefit gained by the employer.

Designs
There are a number of types of design which receive different protection under the law.

Registered Design
Registered protection is available to a “design” which means the appearance of the whole or
part of a product resulting from features of in particular lines, contours, colours, shape, texture
or materials of the product or its ornamentation. Designs of component parts of complex
products can be registered but those rights cannot be enforced where the use is for repair
purposes. There is a 12 month grace period during which the owner can test the market
Page 20 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

without losing the right to apply for protection. The right to apply for a registration belongs to
the designer or the designer’s employer where the design is created during the course of
employment. Where the design is commissioned by a third party the commissioner is the
owner of the right to apply for the registered design. Registered design protection lasts for 25
years and runs from the date that the application is first filed at the Designs Registry.
Protection is given in periods of 5 years which can be extended by further 5 year periods up to
the maximum of 25 years on payment of the renewal fee.

Design Right
Design right arises without any need for registration and is a right subsisting in any aspect of
shape or configuration. However, the design must be original and not commonplace; not a
method or principle of construction; not have its shape or configuration dictated by function or
the need to match nor consist of surface decoration. Unregistered design right normally lasts
for 10 years from the date of first marketing of the article to which the design is applied with an
upper limit of 15 years from creation. The first owner of the unregistered design right is the
Creator of the design unless created by an individual in the course of employment where the
employer is the normal owner. Where the design is commissioned the unregistered design
right belongs to the commissioning party.

Design protected by copyright


Some designs which are artistic works may be entitled to copyright protection. Copyright is
dealt with below.

Copyright, Performance and Moral Rights


Copyright
Copyright in the UK arises without any need for registration. It will subsist in any original
literary, dramatic, musical or artistic work, sound recording, film, broadcast and cable
programme; computer software and database and the typographical arrangement of published
editions. It usually lasts for the life of the author plus 70 years. Notable amongst the
exceptions are typographical arrangements where the period is 25 years. The author of the
work is normally the first owner of the copyright save that where the work is created during the
course of employment the employer is the owner in the case of literary, dramatic, musical or
artistic works or films. Even where the works are done on commission it is the author who is
the owner and not the commissioner in the absence of an express written agreement.

Moral Rights
Moral rights consist of the right to be identified as the author of work; the right for the work not
to receive derogatory treatment; and the right against false attribution of a work. Certain rights
have to be expressly asserted before they can be infringed. Moral rights do not apply to
things such as computer programs and computer generated works. Some moral rights belong
to the maker even if the maker is an employee acting in the course of employment.

Performance Rights
Performers are entitled to various rights in their performance whether these take place on the
stage, during a concert and so on. Performers also have rights in any recording, film or
broadcast of that performance. Performances are defined as a musical performance, a
dramatic performance, a reading or recitations or a performance of a variety act or similar
performance. Performance rights exist independently of copyright and moral rights in any
works.

A performer has the right to control the broadcasting of their live performance to the public.
The permission of a performer must also be sought before a recording of the live performance
Page 21 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

is made and is also needed to make copies of that recording. A performer may be entitled to
remuneration in respect of broadcasting, other types of communication to the public by
electronic transmission, public performance and rental of those copies.

Database Right
This is a right distinct from copyright, which may also protect a database. It belongs to the
person who takes the initiative in relation to its contents or invests in obtaining it, or to his
employer when made by an employee in the course of employment. It lasts for 15 years.

Trade Marks
A trade mark is any sign which can be represented graphically and is capable of distinguishing
goods or services. It can be a word, a design, letters, numbers or in some cases the shape of
goods and their packaging.
Trade marks can be either registered or unregistered. An unregistered trade mark will be
acquired by usage in relation to a business and will be the property of the business. A
registered trade mark must be distinctive and not generic. It must not purely designate the
kind of goods or relate to their quality or origin. A trade mark is capable of lasting in
perpetuity, subject, in the case of a registered mark, to payment of renewal fees.
Brands, logos and trademarks will carry the  symbol. The  symbol cannot be used until the
trademark has been formally registered with the Intellectual Property Office.

Page 22 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Appendix 2: Which IP will BCU want to assert ownership over?

Part A

The following is an illustrative list of the activities and outputs BCU is likely to want to own the
IP in:

• Audiovisual materials (including audiovisual entertainment)


• Brands
• Commercial graphics including logos, fonts, etc.
• Software programmes
• Course Material
• Databases
• Design rights including registerable designs
• Discoveries
• Formulations and methods of formulation of materials and compounds
• Internet domain registrations
• Inventions
• Know-how of a valuable nature (i.e. commercially valuable, reputation
enhancing)
• Methods of doing business
• Patents or potentially patentable innovations
• Registered and non-registered trademarks
• Research log books – for lab based work
• Software algorithms

Part B

Subject to where Staff are specifically commissioned to produce Materials, are expressly
requested to produce such Materials for BCU or the nature of the Staff member means they
are predominantly paid to produce such Materials as outlined below, the following is an
illustrative list of the activities and outputs BCU is unlikely to want to own the IP in:

• Art and design drawing books


• Illustrations
• Limited editions of 50 or fewer artefacts, pictures and designs
• Musical compositions
• Musical recordings (where BCU facilities are not used)
• Newspaper/magazine articles
• Novels
• Paintings
• Poems
• Recordings of musical or dramatic performances
• Screenplays
• Sculptures
• Theatrical recordings or performances
• Scholarly output as follows:

Page 23 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

o Books (provided the Executive Dean’s permission has been sought prior to
publication)
o External examination duties
o Invited lectures
o Journal editorships
o Publications of research outcomes including exhibitions of work not financially
supported from BCU research funds
o Radio or TV programmes
o Seminar papers
o Service on public, governmental and charitable bodies
o Teaching Support Materials

Page 24 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
BIRMINGHAM CITY UNIVERSITY
Intellectual Property Policy

Appendix 3: Document History

Version Date Status Author Changes


v1.0 31st Approved by Research, n/a
Approved January Vice Innovation
policy 2006 Chancellor’s and
Office Enterprise
V2.0 1st August Approved by Research, • This is a major update to the IP Policy.
2013 Vice Innovation The revised IP Policy has clarified the
Chancellor’s and University’s ownership of IP in terms of :
Office Enterprise o Course Materials and Teaching
Support Materials developed
by staff
o Clarification of ownership of IP
of taught students versus
research students.
o Addition of Performance rights
of staff and students
o Addition of Image Rights
section
o Clarification of moral rights
relating to students and staff
o Free licence of student
produced materials for
promotional purposes such as a
University photograph of
student artwork used in a
prospectus

• The rewards from IP have been


amended to reduce the creator’s share
from 100% to 80% of first £15k of net
revenue. The reason for this being that
University has not had large IP licensing
income returns so the academic was
getting a major benefit without the
University seeing any return from
royalties. Therefore we have changed
the policy which is still one of the more
favourable policies towards academics in
the sector. The share between the
University and the faculty or service
department has been defined. Further
clarification has been provided in terms
of who is a Creator as defined by the IP
Policy and how the revenue is
distributed.
• The section on Spin-out companies has
been amended and a section on
Licensing has been added
• An Equality Statement has been added

Page 25 of 25
Approved 22nd July 2013
Contact: Director, Research, Innovation & Enterprise
Date: 1st August 2013
Issue 2.0
Birmingham City University

Panel guidance – Effective from 2017/18

Introduction
During your studies we may ask you to attend a panel meeting as part of one of the
University’s procedures. This information explains what panels are for and tells you
what you can expect if you are invited to attend a panel meeting.

Why are panels held?


Panels are held where we need to reach a decision on a complicated matter related
to you or your studies. They are an opportunity for us to hear directly from you and
other relevant people, and to ask questions about a particular matter. Depending on
the issues being considered, the panel may reach a number of different decisions in
line with the relevant University procedure.

What types of panel are there?


We have three different types of panel that we might ask you to attend, depending
on which stage of the relevant procedure you have reached or, in some cases, how
severe the matter being considered is.

Faculty panel – We hold a faculty panel to consider a matter in detail. This is either
a formal academic appeal or part of the formal stage of either a
fitness to practise or disciplinary matter.

University panel – We hold a University panel only in relation to fitness to practise


or disciplinary matters where you may be excluded from the University.

Review panel – We may hold a review panel if your request for a review shows that
we should reconsider an earlier decision. As such, a review panel allows us
to review a decision made at an earlier stage relevant to a particular
University procedure or policy.

Where necessary, academic appeals panels consider academic appeals and are
made up of three members of staff from the register of staff approved by the Student
Complaints, Appeals and Discipline Committee (‘SCAD Register’) who have no
previous knowledge of you or your case, and who are not from the same school or
college as you. The panel will not normally need to meet you or representatives of
your school or college, but may ask for a meeting if it feels this would be useful. The
panel will decide whether the academic appeal is justified, and whether any action is
necessary.

1
Membership
All panel members will be impartial. Although it is normal practice for panellists to
have no previous knowledge of either you or the matter being considered, it may be
necessary to hold a panel if you or the matter being considered is known to one or
more of the panellists. We will invite a member of the Students’ Union Executive to
serve as a fourth panellist on all panels we hold. However, the panel will still go
ahead if a member of the Students’ Union Executive is not available to attend.

Faculty panels have three members.


• An executive dean, an associate dean, or a head of school (or someone they
nominate) will chair the meeting.
• Two senior members of University staff with experience of dealing with the
type of matter being reviewed. Where appropriate, the chair may agree that a
practising professional (practitioner) from a related area or profession can
replace one member of staff on the panel.

University panels have three members.


• A member of the Vice-Chancellor’s Office (or someone they nominate) will
chair the meeting. The Student Complaints, Appeals and Discipline
Committee will approve and keep under review details of senior members of
University staff who are nominated to chair University panels.
• Two senior members of University staff who have experience of dealing with
the type of matter being reviewed. Where appropriate, the chair may agree
that a practising professional (practitioner) from a related area or profession
can replace one member of staff on the panel.

Review Panels have three members.


• A member of the Vice-Chancellor’s Office (or someone they nominate) will
chair the meeting. The Student Complaints, Appeals and Discipline
Committee will approve and keep under review details of senior members of
University staff who are nominated to chair review panels.
• Two senior members of University staff who have experience of dealing with
the type of matter being reviewed. Where appropriate, the chair may agree
that a practising professional (practitioner) from a related area or profession
can replace one member of staff on the panel.

We will invite a member of the Students’ Union Executive to serve as a fourth


panellist on all panels we hold. However, the panel will still go ahead if a member of
the Students’ Union Executive is not available to attend.

Who will attend the panel meetings?

2
The following people may attend the panel meeting for different reasons. These
people do not form part of the panel for the purpose of reaching a decision, but the
panel may ask them for information during the meeting.
Clerk – Faculty panels are clerked by a member of Student Governance. The clerk
arranges the panel meeting, attends the meeting to take notes of the main
discussion points, gives procedural advice to the panel and writes up the
panel’s decision. University and review panels are clerked by a member of
staff from Appeals and Resolutions. The clerk is allowed to be present during
all private meetings of the panel.

Observers – Up to two observers may attend any panel for training purposes.
Observers are allowed to be present during all private meetings of the panel.

Faculty and service department representatives – Up to two representatives of


the relevant faculty or service department may be present during the panel
meetings. The chair of the panel may decide which members of University
staff are required to attend − a written statement may be accepted if the
representative is unable to attend. Faculty and service department
representatives may take a companion to the panel meeting for support.
Faculty and service department representatives do not have to wear the
uniform of their relevant profession or training at the meeting.

Witnesses –witnesses may be present during the panel meetings. If there is a


choice of witnesses that may attend, the chair of the panel will decide which
witnesses are required to attend. Each witness may take a companion to the
panel meeting for support. Witnesses do not have to wear the uniform of their
relevant profession or training at the meeting.

Companions – Each of the following people at a panel meeting may take one
companion to panel meetings for support.
• You
• Each faculty and service department representative
• Each witness
Anyone can act as a companion, but companions must not be acting in a legal
capacity during the panel meeting. The role of the companion is to offer
support. A companion may ask for a comfort break to be called, and may talk
quietly with the person they are accompanying, as long as this does not
interfere with the panel meeting. Apart from this, it is not expected that the
companion will need to speak during the panel meeting as everyone at the
meeting will be expected to speak for themselves.

Personal representative – In exceptional circumstances, and as long as you


arrange this beforehand, if you are unable to attend a panel meeting you may

3
be able to ask another person to represent you. The representative must not
be acting in a legal capacity, but may speak on your behalf. In these cases we
will assume that your representative is familiar with your case and is
authorised to give the panel information about you and make decisions on
your behalf. You are responsible for your representative’s behaviour during
the panel meeting.

Scheduling meetings
Where possible, we will arrange panel meetings at a time when it is possible for you
to attend and they may take place on any of the University’s campuses. Panels are
authorised to go ahead without you if any of the following apply.
• You have failed to respond to our requests for details of your availability or
other communications we have sent you about holding a panel meeting. In
these circumstances, the clerk is responsible for demonstrating to the panel
chair that we have made all reasonable efforts to contact you using the
contact details we have for you, and that there has been no indication that you
have not received the communications.
• The panel meeting is scheduled to take place during your normal term time,
and you have not given us a valid reason for rescheduling the meeting. Valid
reasons for rescheduling a panel meeting are limited to the following.
o You have a sudden and severe illness, and have independent medical
evidence to confirm this.
o Your dependant has a sudden illness and you are the usual or main
caregiver.
o Your dependant’s usual caring facilities are unexpectedly unavailable.
o Lectures, exams or assessments are taking place at the time of the panel
meeting.
o You have employment or placement commitments that cannot be avoided.
Your companion not being available at the time of the meeting is not a valid reason
for rescheduling a panel meeting. We will reschedule a panel meeting only once, and
only if we accept a valid reason.

Panel duties and possible outcomes


Each panel’s duties depend on the level of the panel and also the matter being
considered. Faculty and University panels will need to consider the matter in detail
and full information is provided in each of the University’s procedures.

All decisions will be reached based on the balance of probabilities – a panel will
decide whether it is more likely than not, based on the evidence considered, that the
case is or is not justified.

The panel clerk will have access to any previous cases you have been involved in.
They will only reveal information about these if a case against you is found to be

4
justified and if the penalty the panel intends to set could be affected by knowledge of
the previous case.

The panel will have no knowledge of or right to consider any other matter that may
be ongoing with the University, and may limit reference to other such matters as
necessary. On rare occasions, information is revealed during the course of a panel
that is outside that panel’s area of responsibility but which is likely to affect the
panel’s decision. In these circumstances the meeting should be immediately
adjourned while we decide how to proceed. The chair of the panel may take advice
from the clerk if necessary. However, if it is possible for the panel to disregard the
information, it may choose to continue at that time. If we need to investigate the
information before the panel can continue, the meeting will be closed until we have
dealt with the matter.

Proceedings
As proceedings may vary depending on the nature of the matter being considered,
the panel will give you, and everyone else who will be attending, specific information
on the likely proceedings before the panel meeting. In all cases, panels meet
privately both before and after meeting with you and the other people who are invited
to attend. However, the panel will offer you and the faculty or service department
representative enough opportunities to give comment and respond to queries related
to the panel’s duties. Unless the chair tells you otherwise, if you have any questions
you want to ask anyone else at the panel meeting, you should raise these with the
chair.

We may reasonably adjust the process for panel proceedings to take account of any
disability you have disclosed to us. For example, this could involve an extra person
being present during meetings to provide sign language interpretation, or more
breaks during the meeting.

The following is a guide to both fitness to practise and disciplinary panel


proceedings.
• The panel meets privately.
• You, your companion and the faculty and service department representatives
are invited to join the meeting.
• The chair will welcome everyone to the meeting, and will:
o introduce all those present;
o explain the purpose of the meeting including the panel’s duties;
o explain the procedural matters the panel will consider, including the order
these will be considered in, and how to request a comfort break; and
o tell you when you can expect the panel’s decision.

5
• The chair will invite the faculty and service department representatives to set
out a brief summary of the investigation they have carried out and the
evidence being considered by the panel.
• The panel may ask you or the faculty and service department representatives
questions to clarify the information they have presented.
• The chair will invite any witnesses to join the meeting and to set out a brief
summary of what they are witness to.
• The panel may ask you, the witnesses or the faculty and service department
representatives questions to clarify the information you or they have
presented.
• The chair will invite you to respond to the evidence against you and any
justification of your actions as presented to the case officer during the
investigation.
• The panel may ask you or the faculty and service department representatives
more questions until it has enough information to reach a decision.
• The faculty and service representatives will have the opportunity to make any
final comments.
• You will have the opportunity to make any final comments.
• You, your companion and the faculty and service representatives will be
asked to leave the meeting.
• The panel meets privately to reach a decision.

The following is a guide to review panel proceedings.


• The panel meets privately.
• You, your companion, and faculty and service department representatives are
invited to join the meeting.
• The chair will welcome everyone to the meeting, and will:
o introduce all those present;
o explain the purpose of the meeting including the panel’s duties;
o explain the procedural matters the panel will consider, including the order
these will be considered in, and how to request a comfort break; and
o tell you when you can expect the panel’s decision.
• The chair will invite you to explain why you are not satisfied with the outcome
of the earlier stage that has been completed.
• The panel may ask you or the faculty and service representatives questions to
clarify the information you or they have presented.
• The chair will invite the faculty and service representatives to respond to your
explanation of why you are not satisfied with the outcome of the earlier stage.
• The panel may ask the faculty and service representatives or you more
questions until it has enough information to reach a decision.
• The faculty and service department representatives will have the opportunity
to make any final comments.
• You will have the opportunity to make any final comments.

6
• You, your companion, and the faculty and service department representatives
will be asked to leave the meeting.
• The panel meets privately to reach a decision.

Panel documents
You will receive an identical copy of the documents the panel is considering at least
five working days before the meeting. As you are responsible for providing all
evidence you feel is relevant to your case at the most appropriate time, we expect
you to have supplied the evidence either during the investigation or at an earlier
stage. Or, if you request a review on the grounds of new evidence, we expect you to
have provided the evidence with your request for a review.

Unless the panel chair agrees, you or the faculty or service department cannot
provide any further evidence once the clerk has distributed the panel documents. If
the panel chair agrees, certain information may be removed from the evidence if
including it would otherwise break the confidentiality of someone who is not at the
panel meeting or which could affect the panel’s ability to carry out its duties. The
panel may ask for more information or documents after the meeting if this would help
it reach a decision either on the case, or any remedy being offered. In these
circumstances, the clerk will record in the panel outcome what information the panel
asked for and how this affected the decision reached or remedy offered.

Panel decision
Not everyone on the panel has to agree on the panel decision – the panel can issue
a majority decision. If there are four panellists and the decision is tied, the chair has
authority to make a binding decision on behalf of the panel. You will receive the
panel’s decision in a letter within 10 working days of the panel meeting. The letter is
the official record of the meeting and is not intended to be a word-for-word report of
the meeting, but will set out the relevant details about the meeting, including:
• the names of everyone who attended;
• the matters considered (and, if relevant, the matters the panel decided not to
consider);
• relevant facts on which a decision has been based;
• the finding for each matter or allegation considered (justified or not justified);
and
• if relevant, specific information about any offer being made, any penalty being
set or any conditions that will apply to any ongoing or future studies with the
University.

A Fitness to Practise or disciplinary panel decision giving only the outcome will be
sent within 5 working days of the hearing date; a full report of the hearing, including
reasons for the outcome, will be sent within 10 working days of the hearing date.

7
A review panel decision completes the University’s procedure for a matter and will
contain information about the Office of the Independent Adjudicator for Higher
Education (OIA).

8
Birmingham City University Student Engagement Policy
– Effective from 2017/18
This policy is applicable to all students, including Home/EU and International students.

The University is keen to ensure that all students gain the maximum benefit from their
programme of studies. We believe in working in partnership with all students to ensure you
are supported in your learning and are able to get the most from what is on offer here at
Birmingham City University. Therefore although this policy details the potential of the
withdrawal of students who are considered to be not engaging with their studies, we will take
every step to contact you to offer support before such action is taken.

As part of our learning community, we expect you to take responsibility for your attendance
and participation. Learning is a shared experience and the University’s approach to learning
places high value on the active engagement of students with their peers, lecturers and other
experts who may contribute to the programme. The University recognises that a high level of
attendance contributes significantly both to your individual success and to the enhancement
of the learning experience for all students. You are also able to more effectively develop
skills such as teamwork and professional communication and show reliability and respect for
others, which will enhance your future employability. As a practice-led institution, we want to
fully prepare you for the expectations of graduate employment.

Attendance and participation at scheduled learning sessions and meetings is essential to:

• Ensure you gain the maximum benefit from the learning activities on your
programme;
• Enhance your own learning experience and those of any groups you may be working
with;
• Help you to prepare for and understand the requirements of assessments;
• Receive information about your programme;
• Allow opportunities for you to seek advice and assistance where necessary;
• Prepare you for the expectations of a graduate workplace;

As a minimum we expect you to:

• Attend punctually all scheduled and timetabled learning and teaching activities unless
unable to do so for reasons of illness or other extenuating circumstances;
• Attend all placements you are required to complete as part of your programme;
• Engage with and participate fully in all learning activities;
• Complete and submit all assessments by scheduled hand-in dates and attend all
examinations;
• Undertake independent learning in support of your studies as directed by academic
staff;
• Attend all scheduled meetings with university staff;
• Inform us if you are unable to attend your timetabled learning and teaching activities
(including placements).

It is also very important that you use your University email account to send and receive
communications. We may use it, for example, to tell you about changes to your timetable.
The University will monitor engagement in terms of your attendance and participation and will
undertake to contact students whose failure to engage gives cause for concern. Taught
sessions can include lectures, tutorials, seminars, labs, workshop or studio based sessions
or occasional sessions where visiting speakers are invited to present.

Page 1 of 3
Version 3 – May 2016
If it is the professional judgement of a member of BCU staff that your engagement is giving
cause for concern – ie you are not meeting the minimum expectations as set out above -
you will be invited to a “cause for concern” meeting with your Personal Tutor or a Graduate
Student Success Adviser. Examples might include missing taught sessions for a module,
either consecutively or intermittently, failing to submit assessments, or failing to meet the
specific attendance requirements described in the module and programme details provided
to you. The reason for the meeting will be for us to discuss with you the reason for your
absence and offer relevant support to help you continue your studies. It is extremely
important that you attend this meeting so that we can do our best to get you back on track as
quickly as possible.

Students who fail to respond appropriately to a cause for concern meeting request or who
persistently fail to attend without explanation may have their registration terminated which will
result in withdrawal from the programme. Students may appeal this decision via
the Academic Queries and Appeals Process.

Some programmes may have specific attendance requirements because of Professional


Statutory and Regulatory Body and/or other statutory or contractual requirements and these
will be specified in relevant programme documentation. Failure to attend can potentially lead
to ‘fitness for practice’ issues on these programmes.

Please be aware that prolonged absences may affect the continuation of your student loan
and any contribution towards your tuition fees. The Student Loan Company may reclaim
monies paid to students absent without good cause. The University may also pursue fee
debts incurred where students have failed to properly withdraw from a programme they no
longer wish to continue on.

Unavoidable absence

The University recognises that there are circumstances that may lead to unavoidable
absence. These may include:

• Illness requiring you to remain at home and recover


• Family emergency
• Bereavement
• Serious personal problems
• Circumstances beyond your control such as transport strike, extreme weather
conditions

If you are unable to attend then we expect you to inform your Programme Leader, Personal
Tutor or the School or Faculty Office as soon as is reasonably possible and at the latest
within 7 days, informing us when you anticipate you will return to classes. Contact details will
be given to you in your programme handbook.

It is important that absence is kept to a minimum and you should see your Lecturers on your
return to ensure that you can catch up with missed work.

It is vitally important that you inform us if your absence is likely to affect your assessments.
You may need to submit an Extenuating Circumstances request.

It is also important that you inform us if you feel that there are circumstances that may impact
on your performance more generally. This might include health issues, personal issues or
general difficulty with your programme. You may discuss any worries you have with your
Personal Tutor or with a Graduate Student Success Adviser at any point during your studies.
The Students’ Union and University Student Services Department are also there to provide
advice and support.
Page 2 of 3
Version 3 – May 2016
The University is keen to ensure that we offer suitable support to students and early
notification of problems is extremely helpful to both you and us in such circumstances.

Should your absence become extended for reason of illness or other longer term
circumstances, then it may be advisable for you to interrupt your studies formally for a period.
Advice on this process is available here.

Punctuality and respect for others

Please remember that we expect you to attend on time for your classes. Late arrival causes
disruption to other class members and to your lecturer.

Our reasonable expectation is that you will conduct yourself professionally and show respect
to others by arriving on time.

Students sponsored by employers

If you are a sponsored student there may be additional attendance requirements imposed by
your employer and you may be required to report absences to work as well as to the
University. The University will not routinely report to your employer, but in some cases this is
required as a condition of the sponsorship of your course and we will provide this information
where such an arrangement is formally in place.

Tier 4 Students

The Student Engagement Policy is applicable to all Tier 4 students. However, due to the
conditions of the Tier 4 visa, you will also be required to attend the UKVI Contact Points as
organised by the University. At enrolment you will be provided with a list of the UKVI Contact
Points for the coming academic year. Reminders of these dates will also be sent to you by
your faculty. Failure to attend these Contact Points will result in you being invited to a “cause
for concern” meeting. It is imperative that you attend such meetings as failure to do so will
result in you being withdrawn from your studies. Withdrawal from studies will have major
implications on your Tier 4 visa as the University will have to report you to the Home Office
and as a result you will have to return home. In addition, it may result in problems obtaining a
visa to return to the UK at a future point.

Page 3 of 3
Version 3 – May 2016
Birmingham City University

Student Suspension Guidance – Effective from 2017/18

Introduction

A student may be suspended from attendance at the University for alleged misconduct or
other good or urgent cause for a limited period of time. Suspension is not a penalty but a
precautionary measure which the University may use in order to exercise its duty of care or
whilst necessary investigation takes place. The decision to suspend a student may only be
taken by a BCU staff member of the University Executive Group (UEG). The student will be
notified by letter of the reasons for the suspension, the terms of the suspension and the right
of appeal. The period of suspension cannot exceed three weeks unless an extension has
been agreed by a member of the Vice-Chancellor’s Office (VCO). The member of VCO will
determine the length of the extension having regard to the circumstances of the case. The
student will be advised in writing if an extension is agreed and informed of the length of the
extension. A student who wishes to appeal against a suspension should write to the Vice-
Chancellor. The appeal will be considered by a member of VCO who has not previously been
involved in the case. The student will be issued with a response within 5 working days
following receipt of the request.

Who can make the decision to suspend a student?


Only BCU staff members of UEG may take the decision to suspend a student.

What is taken into account when considering suspension?


It is important to remember that a suspension is not a penalty and may be imposed as a
safeguarding mechanism. Depending on the circumstances, a range of factors may be taken
into account. As a minimum, consideration must be given to:
• The University’s duty of care. This means whether the continued presence of the student
being considered for suspension would or may likely cause distress, disruption or
interference with the University, its functions, its staff or its students (including the student
for whom suspension is considered). As the University owes a duty of care to all its
members as well as its business, any significant actual or perceived threat to the
reputation of the University may result in a suspension being made for reasons of duty of
care.
• Any investigation to be carried out. In the event that suspension is being considered as a
result of serious alleged general misconduct, a suspension may be imposed to ensure the
associated investigation can proceed unimpeded. This includes both internal University
investigations and investigations conducted by external agencies such as the police. It

1
would not normally be necessary to suspend a student where the alleged misconduct
relates solely to academic matters.

How should a decision to suspend be made?


The following diagram indicates how a decision should be made:

2
3
The reasons for suspending a student very often necessitate swift decision-making. Where
there are concerns that a suspension may be necessary, all relevant information must be
passed without delay to the relevant member of UEG who should then contact the Deputy
Director of Student Affairs (Queries and Resolutions) to discuss whether suspension is the
appropriate option. The Deputy Director of Student Affairs (Queries and Resolutions) may
consult other staff as appropriate.

What can the suspension include?


Suspension means that the student is not permitted to attend scheduled teaching sessions
or to come onto University premises for any other reason, unless specifically authorised to
do so. Once a decision to suspend has been made, the member of UEG must ensure that it
is established if any of the following may be affected by the suspension:
Accommodation – if the student being suspended currently resides in University-owned or
operated accommodation, a decision must be taken as to whether the suspension
includes or excludes their residence. Suspensions from University accommodation are
not common and are normally only invoked where the alleged serious misconduct
involves significant disruption to other students in that accommodation, or there is a
threat of harm or fear as a result of the continued residence in University
accommodation. Where a student is being suspended from University accommodation
it is important to allow reasonable notice for removal from accommodation, and also to
be certain that the notice for removal has been received. In most cases, once the
suspension has expired, the student will be permitted to return to University
accommodation.
IT – if the alleged misconduct by the suspended student relates to misuse of the University
network and/or computing resources, it may be necessary to extend the suspension to
the student’s IT access in order to allow the investigation into the alleged incidents to
proceed unimpeded. In this situation the student will be suspended from accessing
Moodle, iCity and SharePoint as well as their University email account for the period of
the suspension. The University will contact the student using the postal and personal
email addresses.
Assessments – where the student may be required to visit University premises (for example
to attend examinations or other live assessments or to submit work for assessment),
consideration must be given to finding reasonable alternatives. For example, to attend
examinations it may be possible to allow the suspended student to visit University
premises for the duration of the examination provided they report to Security upon their
arrival on premises and report their departure. Where the student is scheduled to take

4
part in University-related activities on non-University premises, consideration must be
given to whether the suspension extends to this off-campus activity.
Taught sessions – where a student is suspended from University premises then they will be
unable to attend taught sessions. However, the student may be able to continue
engaging with their course through other means, such as online learning and
submission. Consideration must be given to whether opportunities of this kind can
reasonably be offered to the suspended student.

Once all the relevant factors have been taken into account, the attached suspension
template letter must be completed according to requirements.

How should a decision to suspend be communicated?


The template suspension letter should be used. To ensure notification of the suspension
has been received, the suspension should be communicated in hard copy using current
term-time and home addresses, and email using the student’s University account and any
personal accounts provided to the University by the student. A copy of the suspension letter
must also be circulated to:
• The relevant Director of Faculty Administration;
• The relevant Head of Student Support;
• Deputy Director (Queries and Resolutions);
• Head of Student Governance;
• Director of Library and Learning Services;
• Director of Campus Management and Services;
• Assistant Director Security Services.

The relevant Director of Faculty Administration and Head of Student Support will be
responsible for taking any actions necessary in regard to a student’s assessments and
taught sessions. The Head of Student Support will act as a point of contact for the student
throughout the period of suspension.

How long does a suspension last?


With the exception of the appended list of offences for which an open-ended suspension is
permitted, an initial suspension should be sufficient but no more than is needed to
investigate the issue further and must be no more than 3 weeks. This 3-week period may be
extended provided the suspension has not expired. Where there is good reason to extend a

5
suspension, the Deputy Director of Student Affairs (Queries and Resolutions) must be
advised of the reasons and the period of extension.

Where a suspension is to be extended, the member of UEG who originally invoked the
suspension must seek approval for the extension from a member of VCO. Where approved,
the member of UEG must write to the student advising them of the extension to the
suspension, providing a reason for the extension. A template letter that can be
supplemented as required is attached to this guidance.

How does a suspension end?


At least three working days before a period of suspension is due to expire, Appeals and
Resolutions will contact the relevant member of UEG staff who suspended the student to
request further information on whether the suspension is to expire or an extension is to be
sought. The member of UEG staff who suspended the student must write to the student to
indicate either the end of the suspension or the period of the extension.

Suspensions can end in the following ways:


• The initial period of suspension expires and no extension is necessary. It is good
practice for the member of UEG staff who suspended the student to write again to
confirm the suspension has ended;
• The student successfully appeals the decision to suspend. A letter confirming the
decision to uphold the suspension appeal will be issued by VCO or a nominee on
behalf of VCO;
• The member of UEG invoking the suspension can overturn their own decision. This
may occur where the reason for suspension no longer exists or any parallel
investigation has been concluded. The member of UEG staff who suspended the
student must write to the student to indicate the end of the suspension.

Where a student returns from suspension, they will be required to meet with the Head of
Student Support on the first day of their return to discuss the student’s progress and agree
plans for catching up on any missed work.

Who keeps records of suspended students?


Appeals and Resolutions keep records of all student suspensions. Consequently they must
be kept informed of suspensions and any extensions to suspensions so that the value and

6
effectiveness of suspensions can be monitored. The following individuals should also be
kept informed of suspensions and extensions to suspensions:

• The relevant Director of Faculty Administration;


• The relevant Head of Student Support;
• Head of Student Governance;
• Director of Library and Learning Services;
• Director of Campus Management and Services;
• Assistant Director Security Services.

Appeals and Resolutions will offer regular reports on suspension activity to the Student
Complaints, Appeals and Discipline Committee.

7
Private & Confidential

By post and email to <university email address>


and <personal email address>
<Student ID number>
<student name> Our Ref: Susp
<Student address> Date: 21 July 2017

Dear <title, family name>

Suspension from the University

This letter is to inform you that I have decided to suspend you from the University with
immediate effect for a period of <XX weeks> until <insert date three weeks from date of
letter>. This suspension is in accordance with the Student Disciplinary Procedure, a copy of
which is enclosed. During this period you are not permitted on University premises or to
participate in University-related activity such as organised field trips: a new disciplinary
allegation may be made against you for failing to comply with this suspension.

The reason for this suspension is that an allegation has been made that you <insert
allegation. E.g. “The reason for this suspension is that an allegation has been made that you
were involved in an altercation that took place on 1st January 2017 resulting in both verbal
and physical abuse of another student on University property”>. During your suspension, an
investigation will take place into this allegation in accordance with the Student Disciplinary
Procedure. This suspension may be extended by a member of the Vice Chancellor’s Office
where circumstances warrant this. Any extension of the suspension will be communicated to
you in writing and will include the reasons for the extension and the date the suspension will
end.

Suspension is a precautionary measure which the University may use in order to exercise its
duty of care or whilst necessary investigation takes place. Whilst suspension is not a
penalty, you have the right of appeal against the decision to suspend you. To appeal the
suspension decision you must put your appeal in writing to the Vice Chancellor. Within five
working days a member of the Vice Chancellor’s Office who has not previously been involved
with your case will review your appeal before reaching a decision.

As the unacceptable behaviour is alleged to have taken place in University-controlled


accommodation, I feel it necessary to extend the suspension to your University
accommodation in order to allow the investigation into the alleged incidents to proceed
unimpeded and also for the University to exercise its duty of care to other residents.
Consequently you are also suspended from all University accommodation for the period of
the suspension. In order to comply with this suspension you are required to remove yourself
from University accommodation within the next 24 hours – that is by no later than <time and
date>.

8
As the unacceptable behaviour is alleged to have involved the misuse of University network
and/or computing resources, I feel it necessary to extend the suspension to your IT access in
order to allow the investigation into the alleged incidents to proceed unimpeded.
Consequently you are suspended from accessing Moodle, iCity and Shareville as well as
your University email account for the period of the suspension. As access to your University
email account has been suspended, the University will contact you regarding this matter
using the above postal and personal email addresses.

In the event that you need to return to any of the University’s premises for any reason (such
as coursework submission, the return of library resources, to retrieve personal belongings
from your accommodation or to meet with a Students’ Union representative) you must inform
Security in advance and in writing of the date, time, location, purpose and expected duration
of your visit. You will be expected to report to Security no more than 10 minutes prior to the
start time of your visit whereupon you will be escorted to and from your visit location.

Following discussion with your Head of Student Support, I am aware that you have a number
of assessments due to be submitted during the proposed period of suspension. The
arrangements for you to submit these assessments are as follows <(i.e. email, post etc.)>.

I would recommend that you contact the Students’ Union for advice and support: they can be
contacted on 0121 331 6801.

Yours sincerely,

<name>
<job title >
Enc Student Disciplinary Procedure

CC Deputy Director (Queries and Resolutions)


Relevant DFA
Relevant Head of Student Support
Head of Student Governance
Director of Campus Management and Services
Assistant Director Security Services
Director of Library and Learning Services
Director of Corporate ICT <only if IT access being suspended>

9
Private & Confidential

By post and email to


<Student ID number>
<student name> Our Ref: Susp
<Student address> Date: 21 July 2017

Dear <title, family name>

Suspension from the University - extension

Further to my letter of <date> suspending you from the University, the Vice-Chancellor’s
Office has approved an extension to this suspension. The reason for this extension is that
<insert reason>. You are therefore suspended from the University on a continued basis for
a period of <XX weeks> until <insert date >. This suspension is in accordance with the
Student Disciplinary Procedure, a copy of which has been provided previously. During this
period you are not permitted on University premises or to participate in University-related
activity such as organised field trips: a new disciplinary allegation may be made against you
for failing to comply with this suspension.

I would recommend that you contact the Students’ Union for advice and support: they can be
contacted on 0121 331 6801.

Yours sincerely,

<name>
<job title >

CC Deputy Director (Queries and Resolutions)


Relevant DFA
Relevant Head of Student Support
Head of Student Governance
Director of Campus Management and Services
Assistant Director Security Services
Director of Library and Learning Services
Director of Corporate ICT <only if IT access being suspended>

10
Private & Confidential

By post and email to


<Student ID number>
<student name> Our Ref: Susp
<Student address> Date:

Dear <title, family name>

Suspension from the University - extension

Further to my letter of <date> suspending you from the University until <date / event>, I write
to confirm that your suspension has now ended. You may now return University premises
and participate in University-related activity such as organised field trips. Restrictions place
on <your IT account; your accommodation; etc.> have now been lifted.

In the first instance please contact <Faculty Head of Student Support> who will help make
arrangements for your return to University.

Yours sincerely,

<name>
<job title >

CC Deputy Director (Queries and Resolutions)


Relevant DFA
Relevant Head of Student Support
Head of Student Governance
Director of Campus Management and Services
Assistant Director Security Services
Director of Library and Learning Services
Director of Corporate ICT <only if IT access has been suspended>

11
Appendix 1 – Automatic suspension

The University seeks select information regarding criminal charges and convictions during
the admissions process. However, the University may become aware of a student having
been charged with or convicted of an offence during their enrolment. Students are
encouraged to discuss with their personal tutor any charge or conviction they receive during
their enrolment.

A limited number of criminal offences (either a charge or conviction) will result in the
automatic suspension of a student in order to allow the University to assess any likely impact
of the alleged offence on the University, its staff and/or students. An open-ended suspension
is permitted until the outcome of any criminal trial is known. Such suspensions must be
authorised by a staff member of UEG. The offences resulting in automatic suspension
include being charged with or convicted of:
• Murder;
• Attempted murder;
• Manslaughter;
• Rape;
• Attempted rape;
• Serious sexual offence;
• Grievous bodily harm;
• Terrorism;
• Supply of drugs;
• Any act which poses a serious child protection or safeguarding risk.

In addition, use of University network and/or computing resources for illegal purposes will
result in an automatic suspension from the University and also from the University IT
network.

12
Student Withdrawal and
Interruption of Studies Policy
- Effective from 2017/18

Contents

1. Student Withdrawal 2
1.1 Definition of withdrawal 2
1.2 Requesting a withdrawal 2
1.3 Establishing date of withdrawal 2
1.4 Consequences of withdrawal 3
1.5 Re-admission after withdrawal 3
1.6 Reinstatement after withdrawal 3

2. Student Interruption of Studies 3


2.1 Definition of interruption of studies 3
2.2 Establishing interruption of studies period 4
2.3 Status and assessment record implications 4
2.4 Financial implications 4
2.5 Resumption of studies 5
2.6 Interruption of studies extension 5

1
1 Student Withdrawal

1.1 Definition of Withdrawal


Withdrawal is the permanent cessation of study. It can be effected either by the
student or by the University but both types of withdrawal require formal written
notification.
1.2 Withdrawal from study by the student.
Students are required to formally notify the University of their request to withdraw from
their programme. Students are required to contact their Programme Leader in order to
discuss their withdrawal request. Withdrawal requests should be made in writing to your
Programme Leader.

1.3 Withdrawal from study by the University


The University can withdraw any student due to:
• Failure to complete re-enrolment (see the Late Enrolment Policy)
• Academic failure in an assessment (see Academic Regulations)
• Exceeding an agreed period of interruption (see this policy below)
• Failure to attend and engage (see Student Engagement Policy)
• Concerns about fitness to study (see Fitness to Study Procedure)
• Exclusion (see the Disciplinary Procedure)
• Non-payment of fees (see Credit and Refund Policy)

In addition, the University can withdraw a Tier 4 student where it suspects the student
has broken the conditions of their permission to stay in the United Kingdom. These
conditions may be more extensive and detailed especially where this relates to
attendance and engagement (see Student Engagement Policy).
A withdrawn student is not normally eligible to attend teaching sessions or take
assessments. However, if the student has submitted a formal academic appeal
against the decision of an Examination Board to the Appeals and Resolutions office
and if the Appeals and Resolutions office confirm that there is a prima facie case for
consideration of the appeal then the student may be permitted to continue to study
(see Academic Queries and Appeals Procedure). During this period the withdrawal
remains in effect but is “stayed” pending the outcome of the appeal. There may be
some restrictions placed on access to facilities or premises if this is deemed
appropriate and necessary.
If the academic appeal is not upheld then the effective day of withdrawal is
considered to be the original date of notification of withdrawal. Any assessments
taken during the “stayed” period will not be processed or considered by an
Examination Board nor will they form part of a transcript or count towards any exit
award.
Assessments submitted prior to withdrawal will be considered by an Examination
Board to confirm credits or an exit award according to the standard assessment
regulations.

2
1.3 Establishing Date of Withdrawal
The date of withdrawal must be recorded accurately and immediately as this has
important implications for the contractual, academic and financial status of both the
student and of the University.
Where withdrawal is instigated by the student, the date of withdrawal will be the date
formal notification of withdrawal is received by the University.
If withdrawal is imposed by the University due to academic failure, the date of withdrawal
will be the date of the meeting of the Examination Board at which the assessment failure
is confirmed.
Where a student is withdrawn due to non-attendance or non-engagement and has not
taken any steps to contact the University, then the date of withdrawal will be determined
to be the last date on which the student’s engagement can reasonably be verified (this
may be submission of academic assessment, attendance in person, or identifiable logon
to university systems) .
If any student formally notifies the University of their withdrawal between enrolment
years, the date of withdrawal will be the date the formal notification of withdrawal is
received by the University.
If any a student fails to re-enrol, the date of withdrawal will be considered to be the final
day of the previous enrolment year.
Where a student dies during the course of their studies, the Director of Academic
Services will exercise discretion in reaching a determination on their last day of
attendance which will usually then be used as the date for the University’s formal record
of withdrawal.

1.4 Consequences of Withdrawal

1.4.1 Access to buildings, facilities and services


The University will:
• revoke access to all BCU buildings and facilities
• remove all borrowing rights from the Library
• revoke access to the University’s IT network access
• revoke all rights of access to any University accommodation including as a
visitor.
1.4.2 Special Guidance for Tier 4 students.
If a Tier 4 student wishes to instigate their own withdrawal, they should seek advice
from the International Student Advisors before proceeding, as withdrawal will have
visa implications.
If the withdrawal does proceed, the University will report this to United Kingdom Visas
& Immigration (UKVI)and the student must make arrangements to leave the UK in
line with Home Office guidelines.
If withdrawal is imposed on a Tier 4 student due to non-attendance and/or academic
failure, as part of the withdrawal notification, the student must be advised of the
subsequent visa implications. The University will notify the UKVI that they are no
longer sponsoring the student under Tier 4. The student must make arrangements to
leave the UK in line with Home Office guidelines.
3
1.4.3 Financial Implications
Birmingham City University will notify the Student Loan Company of every student
withdrawal where a student is in receipt of support.
See the University’s Credit and Refund Policy for full liability details for all students.
If a student is in receipt of a bursary or a scholarship or a fee waiver, and is then
withdrawn, the student will lose the entire value of any University bursary or
scholarship or fee waiver, irrespective of the withdrawal date.

Tier 4 students may be required to provide the University with proof of return flight
tickets before any refund can be issued.

1.5 Re-admission after withdrawal


Student withdrawal is a permanent status. If a withdrawn student wishes to recommence
study they must re-apply to the programme and will be subject to the University’s
standard admissions criteria.

1.6 Reinstatement after withdrawal


Where a student receives an upheld appeal decision following a withdrawal due to
academic failure, the student must be reinstated. The student should re-enrol to
commence studies at the next available opportunity (i.e. following semester or enrolment
year).
If a student is withdrawn due to University administrative error, the student must be
reinstated immediately. In the event that the University fails to implement or enforce its
policies and procedures correctly, any student that is affected will not be penalised.
For Tier 4 students, no re-instatement should take place until the advice of the UKVI
Compliance Team has been sought as liaison with the Home Office will be required. The
stage at which the withdrawal notification is at with the Home Office will determine how
the student is further advised. Where a Tier 4 student receives an upheld appeal
decision following a withdrawal due to non-attendance and/or an immigration breach, re-
instatement is unlikely to be considered.

2 Student lnterruption of Studies

2.1 Definition of Interruption of Studies


An interruption of studies is an approved leave of absence from all study for a defined
period (see also the Maternity Policy).
There is significant evidence that students who take a break from study often
experience considerable academic, financial, and social difficulties when they return
to study. An interruption of studies is a serious step to take for any student and
should only be considered with reasonable care and consideration for the risks and a
determination that they are clearly outweighed by the demonstrable benefits for the
student of taking a break from their programme.

4
Students can request an interruption of study which will be carefully considered by
key senior staff 1in the institution. Factors which will taken into account when
reviewing the request will be:
• The nature of the reason for the request – whether it is serious and likely to be an
enduring matter.
• The documentary evidence provided in relation to the reason.
• The performance, attendance and engagement of the student up to the point of the
request. Students who do not regularly attend, are not engaged or who are
struggling to perform academically will be considered a very high risk in relation to
an interruption of study and it may be more appropriate for them to withdraw
entirely from study and seek to return at a later date.
• The financial / debtor status of the student.
• The overall duration of the Programme
• Any planned major or substantive changes to the format of the programme or the
cost of the programme which may significantly impact on the student at the end of
the interruption period when they seek to resume study.

A student who is enrolled on a programme that has accreditation from a Professional,


Statutory or Regulatory Body should be particularly aware that the PSRB may have
set its rules in relation to possible interruptions of study and especially in relation to
the maximum period for which a student can be registered to study on that
programme. It is the responsibility of the student to ensure that they are fully aware
of these restrictions and take them fully into account when considering whether to
request an interruption.

A student who is granted approval to interrupt study is in effect withdrawn from every
module and placement and activity that is associated with the programme on which
they are registered. They cannot withdraw from individual modules while continuing
to study or participate in other modules and activities.
An interruption of studies may be requested for a number of reasons (e.g. health,
financial, academic or personal) by any student who has been enrolled for a minimum
of 20 working days.
In the event that a student wishes to seek a break from study within the first 20
working days of the programme, they will be treated as though they have withdrawn.
Such a student will then be required to re-apply for any programme of study at BCU
and will be subject to the normal admissions criteria.
The length of an interruption of studies can be a period of a minimum of 20 working
days 2 up to a maximum period of the end of the academic year in which the
interruption takes place. For the avoidance of doubt - any period of interruption of
studies will be included for the purposes of calculating the student’s maximum period
of registration (see academic regulations and programme information).
An interruption of studies cannot commence fewer than 20 working days before the
end of the normal study period for the modules for which the student is registered at
the time. In accordance with the University’s policies on student finances and
payment , a student cannot be approved to interrupt their studies following an
academic year where they have been recorded as owing tuition fees to the University.

1 For an interruption request this will be the relevant Associate Dean and the Director of Faculty

Administration. For an extension of interruption this will be the Director of Academic Services.
2Working days are defined in the University’s regulations as Mondays to Fridays but excluding Bank holidays and
other days when the University is closed.

5
It should be noted that, for those programmes which shorter in duration than an
academic year and have consequently a greater intensity of teaching, such as the
University’s pre-sessional English programmes, the option of taking an interruption of
studies is not available to students on these programmes.

2.2 Establishing the interruption of studies period


Students should request an interruption of studies at the time it is required, or ahead
of time where possible. Retrospective requests for an interruption of studies will only
be considered in exceptional circumstances and where the student can show good
reason why the request was not made at the appropriate time.
The student must also agree a return to study date with the Faculty when the
interruption is requested. Where the interruption of study is on medical grounds, the
student is required to provide medical evidence to inform decisions about the length
of interruption.
The Faculty must advise the student how their study will be impacted and on the
likely timetable arrangements for outstanding modules and assessments. This advice
should include the implications of module/programme reviews and closures. It is
expected that students will re-study any uncompleted modules on their return.
The student will be required to sign a form that confirms they have been fully briefed
about the risks associated with the interruption, that they accept any conditions
relating to their return including the date of return and that they will notify the
University of any substantive or material changes to their circumstances which may
affect their eligibility to study (for example, an arrest, criminal conviction or other
investigation)
Tier 4 students who wish to request an interruption of studies must seek advice from
the International Student Advisors as an interruption will have visa implications. Tier 4
students on an interruption of studies cannot remain in the UK during their
interruption. The University will notify the UKVI that they are no longer sponsoring the
student under Tier 4. The student must make arrangements to leave the UK in line
with Home Office guidelines. The student must also accept the risk that they may not
automatically secure a CAS to return to study at the end of their interruption period –
if they do not do so, they will be withdrawn from study.

2.3 Status and assessment record implications


Where a student has completed modules prior to commencing an interruption of
studies, marks must be presented to the next available examination board for credits
to be awarded.
Where a student submits an assessment forming part of a module for which they
have interrupted study, the mark awarded for that assessment will be carried forward
and used to determine the overall module mark when the student completes the
module. This will not affect the student’s right to submit a claim of exceptional
extenuating circumstances in respect of the assessment(s) concerned providing they
do so in a timely way.
Where students have uncompleted modules on their record at the point of
interruption, they must be withdrawn from these modules.
A student resuming study after an interruption of studies will be allowed the normal
number of assessment attempts for each module, in accordance with the academic
regulations. This means, if a student has taken and failed an assessment, and then
takes an interruption of study, then on their return to study they will only be eligible for
their resit attempt . This is to ensure parity of treatment for all students. This does
not affect the student’s right to submit a claim of exceptional extenuating
6
circumstances in respect of the assessment(s) concerned providing they do so in a
timely way.
Students subject to Disclosure and Barring Service checks (DBS) or Occupational
Health checks or any other status check should be informed in writing that if an
interruption of studies is set for 9 months or more, the University will undertake a new
DBS/Occupational Health check and that study cannot be resumed until this check
has been completed.

2.4 Financial implications


Birmingham City University will notify the Student Loan Company of each
undergraduate interruption of studies and resumption date where the student
receives funding support. For all details, refer to the Student Financial policies.

2.5 Resumption of studies


Students who take an interruption of studies are expected to return to study at a date
agreed at the time of the interruption. The resumption date will be governed by the
next offering of the student’s interrupted modules, i.e. at the start of the following
semester or academic year.
Before resuming studies, students will be required to undertake a number of steps
and gain formal permission to resume. Students will be required to:
• provide medical certification confirming they are fit to resume their programme
of study prior to re-enrolment (in cases where an interruption of studies has
been approved on medical grounds)
• Confirm that they have taken steps to familiarise themselves with the
programme content and assessments and the regulations and procedures
that will apply.
• Confirm that the underlying reasons for their interruption have been
addressed and resolved.
• Tier 4 students must contact the Faculty at least three months prior to their
resumption date in order to advise and update on their arrangements to apply
to secure a Tier 4 visa for their next period of study.
• For Tier 4 students, new evidence of English Language competency may
need to be provided.

Where a programme/ closes before a student resumes study, the student should be
contacted by the Programme Director to discuss possible arrangements to transfer
programme/ /route or to find an appropriate mode to support the completion of the
learning outcomes of their programme and allow the conferment of an award.
If a student does not re-enrol at the agreed resumption date and does not submit a
request to extend the interruption of studies, and reasonable attempts by the Faculty
to contact the student have failed, the student shall be deemed to have withdrawn
from the University – the date of withdrawal being identified as the agreed resumption
date.

2.6 Interruption of studies extension

Where a student on an approved interruption of studies indicates they wish to be


absent beyond the agreed return date, an extension to the interruption period may be
considered by the Associate Dean and the Director of Faculty Administration, in

7
consultation with the Director of Academic Services providing that the total period of
absence including the extension does not exceed one academic year.
Requests to extend interruption of studies for more than one academic year will only
be considered in the most exceptional circumstances. Such requests must approved
by the Director of Academic Services.
In deciding whether to extend an interruption of study for more than one year, the
Director of Academic Services will take account of:
• The nature of the reason for the request – whether it is serious and likely to be
an enduring matter.
• The documentary evidence provided in relation to the reason.
• The performance, attendance and engagement of the student up to the point
of the original request.
• The financial / debtor status of the student.
• The overall duration of the programme
• planned major or substantive changes to the format of the programme or the
cost of the programme which may significantly impact on the student at the
end of the interruption period when they seek to resume study.
• Whether the total duration of the absence represents too great a break in
terms of maintaining the essential currency of study and their proficiency in
any required professional skills and experience.
• For Tier 4 students, new evidence of English Language competency may
need to be provided.

Academic Services
June 2017

8
Voice Over Internet Protocol Procedure – Effective from 2017/18

Introduction

This procedure allows students to participate in panel meetings when they are unable to attend
in person. The procedure applies to panels convened by the University and should be read in
conjunction with the University’s Panel Guidance document.

This procedure applies to all students who are enrolled directly with Birmingham City
University and to students enrolled through some of our partner organisations. Your student
handbook will tell you if this procedure applies. This procedure meets the 'General principles
applying to Birmingham City University student procedures’.

In this procedure we refer to students as ‘you’ and to the University as ‘we/us.’

Voice Over Internet Protocol (‘VOIP’) refers to technology that allows you make and receive
calls via an internet connection rather than a traditional landline, e.g. Skype.

Application

Wherever possible, we encourage you to attend panel meetings in person so that you can
interact directly with the panel and put your case as effectively as possible. On occasion,
however, a panel meeting will need to be held where you are unable to attend in person but
still wish to participate. This is likely to be the case in particular where you are not in the UK
at or around the time of the panel (e.g. you are a distance-learning student or an international
student who has already returned to your home country).

Where you advise us that you can’t attend a panel meeting in person but would like to
participate, we will take steps to allow you to participate in proceedings via Skype. This is the
best option where you cannot attend in person but wish to take part, because it allows the
Panel to see and hear from you directly (and vice-versa). The only difference to you attending
is that you will not be in the same room as the Panel.

When arranging a meeting via VOIP we will take the following steps:

• As soon as you are made aware that a panel is due to be convened at a time when
you may be outside the UK, you must contact the panel Clerk to inform us that this is
the case.

• Once you are made aware of the specific time and date of the panel, you must
immediately confirm to the Clerk whether you will be in the UK at the time of the panel.
We will make clear to you that if you will not be in the UK the meeting could take place
via VOIP.

• The Clerk will inform the Panel that you are likely to be out of the UK at the time of the
panel meeting and that the meeting may take place via VOIP. The Clerk will keep the
Panel up-to-date as to arrangements for the meeting.

• The Clerk will make reasonable efforts to obtain a response from you.

1
Where you do not respond to the Clerk’s attempts to contact you then the University’s Panel
Guidance will apply: the Clerk will explain to the Panel Chair that you have not responded and
provide evidence of the efforts made to communicate with you and give reasonable notice of
the panel meeting. The Chair will then decide whether the Panel should proceed in your
absence or be reconvened at a later date.

When you respond to say you wish to participate via VOIP then the following applies:

• You must provide your VOIP ID to the Clerk, who will in turn give you the VOIP details
used by the relevant part of the University.

• The Chair and other Panel Members will be informed that you intend to take part via
VOIP.

• The Clerk will confirm with you that you will be available via VOIP at the time of the
panel meeting, making clear that the stated time is UK time. If the planned time of the
meeting will require you to take part at an unreasonable local time then the Clerk will
speak to the Chair about whether the meeting should be rearranged.

At the panel meeting itself the Clerk will be responsible for setting up the VOIP connection and
will contact you via VOIP at the beginning of the panel meeting.

• In the first instance, the Clerk will attempt to call you via a video call. If this does not
work then an audio call will be used as this will use less bandwidth.

• On connecting, the Chair will ensure that everyone present can see/hear you, and vice-
versa.

• You will be asked to confirm your identification by giving your student number or date
of birth.

• The Chair may ask you (rather than the Faculty Representative) to speak first in case
the connection should cease for any reason. Otherwise the meeting will proceed as
usual.

Where you do not answer the call or the connection is lost during the hearing:

• The Clerk will attempt to call you at least five times over a period of 15 minutes.

• If there remains no answer, the Chair will consider whether reasonable attempts have
been made to contact you and whether it is appropriate to proceed in your absence.

The Clerk will record in the outcome letter:

• Whether or not the meeting went ahead via VOIP;

• what (if any) changes were made to the standard procedure as set out in the
University’s Panel Guidance;

2
• where you did not take part, the view of the Panel as to the efforts made to contact
you; and

• details of any decision to proceed in your absence.

Alternative arrangements

Where you are unable to attend a panel hearing in person and a VOIP connection cannot be
established then a hearing may take place via telephone in the alternative.

In exceptional circumstances a hearing may be postponed to allow you to attempt to take part
at a later date. Whether a hearing is postponed will be a decision taken by the Chair.

También podría gustarte