Procedure Regulations for Appeals against Assessment Decisions

FRCOphth, Refraction Certificate, DRCOphth Examinations and Certificate in Laser Refractive Surgery

Candidates must read the accompanying Notes of Guidance before deciding whether to make an appeal.

1.0 Introduction

1.1 A candidate who has attempted Examinations or Assessments of the Royal College of Ophthalmologists may, in the circumstances set out below, have the right of appeal against the result. The sole grounds for appeal are that:

i. there is evidence of a procedural irregularity in the conduct or content of the Examination or Assessment (including administrative error) which has adversely affected the candidate's performance;

ii. there were exceptional circumstances, such as illness or some other extenuating circumstance, which adversely affected the candidate's performance in the Examination or Assessment and were not revealed for valid reasons prior to receipt of the result (see Regulation 1.3). The candidate's request for consideration must be supported by documentary evidence which is acceptable to the Chairman of the Examinations Committee in the first instance and then to the Appeal Panel.

1.2 Appeals will not be accepted on the grounds that a candidate:

i. considers his or her efforts were under-marked;

ii. did not understand or was unaware of the Examination or Assessment Regulations;

iii. seeks to question professional or academic judgement.

1.3 The College will endeavour to deal with extenuating circumstances fairly and consistently. Candidates are advised to submit details of any extenuating circumstances to the Head of the Examinations Department of the College before taking the Examination or Assessment, or immediately (i.e. within three working days) afterwards. Failure to do so will be noted should an appeal be submitted as a result of a failed examination or assessment and may affect the outcome.

2.0 The Preliminary Procedure

2.1 A candidate wishing to appeal must submit a written representation to the Head of the Examinations Department to arrive within three months of the date of dispatch of results. All relevant documentary evidence (such as medical certification) must be included.

2.2 A fee of £200.00 must be received which will be refunded should the appeal be successful.

2.3 The Head of the Examinations Department will collate the relevant documentary information and present it to the Chairman of the Examinations Committee.

2.4 The appeal will be considered initially by the Chairman of the Examinations Committee and the Head of the Examinations Department. If it is considered that the appeal request is manifestly frivolous, vexatious or outside the permitted grounds, the appeal will be rejected at this stage.

2.5 If it is considered that there is no prima facie case, the Head of the Examinations Department will inform the appellant that the appeal has been rejected. This will be the end of the appeal process regardless of whether there are further circumstances subsequently cited by the appellant.

3.0 Consideration of the Appeal by the Appeal Panel

3.1 If it is agreed that there is a prima facie case in support of the appeal an Appeal Panel will be convened comprised of the following:

i. the Chairman of the Examinations Committee;

ii. a College Office bearer (see Annex A);

iii. a member of the College Panel of Examiners and Assessors

iv. the Chief Executive Officer of the College.

The Head of the Examinations Department will act as Secretary to the Appeal Panel and will attend the Panel as an observer and will inform the appellant that the submission has been made to the Appeal Panel. The Panel will consider the appeal in the light of written evidence presented and will afford the appellant the opportunity of a hearing (see Regulation 3.2 below). No member of the Appeal Panel will have been involved in assessing the appellant in the Examination or Assessment (or at least not the part of the Examination or Assessment which the appeal addresses) although such examiners/assessors may be asked to provide information for the Panel to consider. In exceptional circumstances (for example, absence or illness), the Chairman of the Examinations Committee and the Chief Executive Officer may nominate representatives to replace them on the Appeal Panel.

3.2 The appellant will be invited to present his or her reasons in person to the Appeal Panel. The appellant will be entitled to be accompanied by a friend. The friend may advise and counsel the appellant but will not be allowed to make statements or take any part in the proceedings.

3.3 The panel will consider collaborative evidence including previous examination performance, the candidates portfolio and supporting evidence from trainers. This will be requested and submitted to the panel prior to the hearing.

3.3 The appellant will be informed of the outcome by the Secretary to the Appeal Panel. If the appeal is rejected, the Secretary to the Appeal Panel will inform the appellant of the reasons for the Panel's decision. This will be the end of the appeal process regardless of whether there are further circumstances subsequently cited by the appellant.

3.4 If the finding of the Appeal Panel is that the original decision merits reconsideration the case will be referred, with a report from the Appeal Panel, for a final decision by the President.

3.5 The appellant will normally be informed of the decision (either that the appeal has been rejected or referred to the President) within forty two days of the date of submission of the appeal documents to the Appeal Panel. The appellant will be informed if any delay is likely to occur.

4.0 Referral to the President

4.1 The authority to change any Examination or Assessment decision rests with the President alone. The President will consider the report of the Appeal Panel and decide whether it should be accepted.

4.2 Should the President not accept the report of the Appeal Panel, provision will be made for the appellant to make a representation to the President and submit evidence supporting his or her case. In this instance, the President's final decision shall only be made after the appellant has had the opportunity to make this final representation.

4.3 The decision of the President shall be final and will be communicated to the candidate by the Secretary to the Appeal Panel. This will be the end of the appeal process regardless of whether there are further circumstances cited subsequently by the appellant.

Dr Caroline MacEwen MD FRCS FRCOphth FFSEM
Vice President and Chair of the Examinations Committee

Last updated: December 2008