Case Study : Professionalism Appeal on MBBS Programme

Case Study

Year 4 medical student Professionalism

concerns led to repeat of Year 4. Level 3

Academic Appeal upheld.

Background

Year 4 medical student (‘our client’) on the Medicine and Surgery MB BS (‘programme’) at a UK university, failed the professionalism domain in Year 1 and was allowed to continue to Year 2. Our client then progressed to Year 3 on the quality of the reflective essay submitted. There were no professionalism issues in Year 3, and our client passed the exams and progressed to Year 4.

Our client had personal extenuating circumstances that affected our client’s behaviour as our client was facing ongoing challenges with professionalism from Year 1 to 3. Accordingly, our client received 30 professionalism points (threshold is 25 points) for the professionalism domain which was 5 points above the professionalism threshold and as a result had to repeat Year 4. The Board of Examiners had concerns about the pattern of behaviour and believed there was no insight gained during the programme.

Grounds

The grounds of appeal were based on personal extenuating circumstances and procedural irregularities on the part of the examiners.

‘If you have PEC which you weren’t able to disclose through an online PEC application to the Personal Extenuating Circumstances Committee (PEC Committee) before the Board of Examiners took place.’

There were no issues with professionalism in Year 3. The main issue was lack of engagement with the programme, compulsory components and a number of absences for compulsory sessions. RT Coopers were instructed to advise on how to particularise the grounds of appeal against the decision to repeat Year 4. RT Coopers did not draft the academic appeal although gave a lot of assistance in particularising the grounds of appeal.

Our client was requesting the university to refer the case to the Board of Examiners in order to to overturn the original decision to repeat Year 4.

Rejection of Level 1 Academic Appeal

Level 1 academic appeal was rejected.

Level 2 Academic Appeal

RT Coopers gave further advice and support on the Level 2 academic appeal, although RT Coopers did not draft the academic appeal. Level 2 academic appeal was submitted by the client to the university on the following grounds.

Procedural irregularity on the part of the examiners; and
That the decision reached was perverse in that it was one which no reasonable person could have reached on the available evidence.

The medical school argued that there was no justification for referring the case to the Board of Examiners, there was nothing new in the academic appeal to be addressed and our client should repeat Year 4.

NB: By this time our client was repeating Year 4 and going through the appeal process.

Adjudicator’s Response to Level 2 Academic Appeal

The Adjudicator decided that there was justification for referring the case to the Board of Examiner’s for reconsideration.

Rejection of Level 2 Appeal by Board of Examiners

Our client’s case was referred back to the MBBS Board of Examiners where the Examiners reconsidered the Level 2 academic appeal. The Board of Examiner’s rejected the academic appeal and stated that our client was required to continue with the repeat Year 4 in its entirety as a second and final attempt.

Level 3 Academic Appeal (Review of Board of Examiner’s Decision)

Our client submitted a Level 3 academic appeal on the following grounds:

Procedural irregularity; and
Unreasonable decision.

RT Coopers gave further advice and support on the Level 3 appeal, although RT Coopers did not draft the academic appeal.

Level 3 Academic Appeal upheld

The Academic Registrar reviewed the Level 3 Academic Appeal. The Academic Registrar decided that the Level 3 Academic Appeal highlighted grounds for review, and as such, the Level 3 Academic Appeal was upheld.

Testimonial

‘I spoke to several law firms when seeking advice on an academic appeal. Initially I was rebuffed; my case thought to be unwinnable. I eventually found Rosanna (RT Coopers), who saw things very differently. Her experience and erudition ultimately guided me to a successful outcome, for which I'm very grateful. I can't recommend her highly enough.’ G

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