1

Appeals will be entertained which allege impropriety or bias of some kind in the organisation, content, conduct or determination of the result of the examination, for example:
Organisation, e.g. wrong or missing documentation, instructions or artifacts poor seating/lighting, error in timing allowed, which was not resolved during the examination.
Content, e.g. questions not relevant to the examination, questions on a topic not related to the curriculum.
Conduct, e.g. prior to or during the exam process the examiner asked personal questions about candidate’s age, gender, origins, beliefs disabilities, workplace or experience which could have affected the final outcome.
Determination of the result, e.g. the examiner(s) did not follow the marking methods set out in Appendix 2 of the current Examination Regulations.

2

No Appeal may be made which relates solely to matters of examiners’ judgement.

3

No recording equipment is allowed in the hearing; the Appeals Clerk will minute the proceedings (long or short-hand) as the only record. The minutes will reflect the bare facts of the event, i.e. not the intricate details. The Appeals Clerk will assist the Chair in the production and dispatch of the ‘decision document’.

4

The Appellant’s Representative can be medically qualified but should not be his/her legal representative, and may be:

a) an anaesthetist (e.g. College Tutor)
b) a friend (not appearing in a professional capacity)
c) a member of his/her Trade Union

5

If the Appellant chooses their representative to present their case, then the Appellant can only contribute as a witness.

6

Witnesses

a) All witnesses will be arranged through the Appeals Clerk, who will liaise with the Chair regarding their attendance.
b) The decision to call witnesses will rest with the Chair whose permission shall not be unreasonably withheld. Normally no more than two witnesses for either party will attend.
c) In the case of multiple witnesses, the Chair may require witnesses to present written statements rather than to appear in person. All those to be present at the Appeal hearing will be notified of the witnesses and whether they will appear in person or if their evidence is to be read.
d) Witnesses for the College will be reimbursed for expenses reasonably incurred (normally) within the UK. The Appellant’s witnesses will not be reimbursed by the College but the Chair has the power to reimburse those expenses of a successful applicant which are reasonably incurred in attending the Appeal hearing.

7

Explain to the Appellant if applicable, that the result of ‘the Appellant’s examination shall be declared void’, means that their attempt will not be counted.

8

Steps 4 to 10 of the Appeal Hearing Procedure must be repeated, to the satisfaction of all parties, if new material, not relied upon during the original hearing, is used within the textual content of Step 10.

9

The Chair shall have the power to decide whether all, part or none of the Appeal fee will be returned.