Regulations on Appeals of Vilniaus Kolegija / University of Applied Sciences

APPROVED by Academic Council
by Resolution No ATN-11 of 23 November 2016

 

REGULATIONS ON APPEALS

OF VILNIAUS KOLEGIJA / UNIVERSITY OF APPLIED SCIENCES

 

I. GENERAL PROVISIONS

 

  1. Regulations on Appeals of Vilniaus Kolegija/ University of Applied Sciences (hereinafter – Regulations on Appeals) regulates the procedure for submission of appeals by students and unclassified students, the formation of the Commission for Appeals, the process of appeals and decision-making at Vilniaus Kolegija/ University of Applied Sciences (hereinafter – VK).
  2. Terms used in the Regulations on Appeals:
    • 1. Appeal – a written, reasoned complaint by the student against the assessment of study results, procedures of the assessment of study results or the inclusion of study results.
    • 2. Appellant – a studying individual who submits the appeal.
    • 3. Study results – clearly defined statements of what a student should know and/or be able to demonstrate through the interim assessment of a course unit (module) (hereinafter – a course unit) at the end of the course or at the end of the study process.
    • 4. Studying individual – a student of full-time studies or part-time studies or an unclassified student.
  3. The studying person has the right to appeal both positive and negative evaluation of study results.
  4. Appeals for final theses (projects) (hereinafter – final theses) and other assessments, during which study results are evaluated collegially, i.e. the Commission of Assessment is formed, they might be submitted only against the violations of the assessment procedures of study results. The evaluation mark for these works is not subject to appeal.
  5. The appeal of a violation of the study results’ assessment procedure of the course unit does not prevent the submission of an appeal against the assessment of study results.
  6. The Regulations on Appeals have been prepared in accordance with the Statute of Vilniaus Kolegija / University of Applied Sciences, the Procedure of Study of Vilniaus Kolegija/ University of Applied Sciences, the Procedure of Assessment of Study Results, the Procedure of Inclusion of Study Results, the Description of the Procedure for Preparation and Defence of the Final Theses of Vilniaus Kolegija/ University of Applied Sciences, the Procedure for the Assessment and Recognition of Learning Outcomes in the Non-formal Adult Education System and other internal legal acts of Vilniaus Kolegija / University of Applied Sciences.

II.  APPEAL SUBMISSION PROCEDURE

7. The studying person can submit the appeal against:

  •  the evaluation of the interim/or final assessment of the course unit;
  • the procedures of the interim/or final assessment evaluation of the course unit;
  • the procedures of final thesis evaluation;
  • the inclusion of the study results achieved in another study programme at VK;
  • The conformity to the course unit requirements of the intended study programme of the study results achieved in another Lithuanian or foreign higher education institution (hereinafter – another higher education institution);
  • the assessment and validation of learning outcomes achieved in non-formal adult education systems (hereinafter – learning outcomes assessment).

8. The studying person disagreeing with the evaluation of the study results, learning outcomes, the evaluation procedure of the examination or inclusion, with the explanations and argumentation of the teacher evaluating the study results, the teacher evaluating the study results and learning outcomes, and in the case of the inclusion of study results – disagreeing with the explanations and argumentation of the coordinator (the Head of the Department), has the right to submit a motivated appeal.

9. The studying person shall submit the appeal no later than:

  • within 3 working days since the announcement of the evaluation of the study results of the course unit (module); against the interim assessment of the course unit (module), a mark of the final assessment of the course unit (module), against the examination procedure of the study results of the course unit (module);
  • within 3 working days since the date of the decision approval of the inclusion of study results; against the inclusion of the study results and the evaluation of the learning outcomes achieved in another study programme at VK;
  • within the other day after the announcement of study results, against the procedure of evaluation of the Final Thesis.
  • Within 10 working days since the date of decision approval, against the conformity of the study results achieved in another higher education institution to the course units’ requirements of the intended study programme.

10. The day of the announcement of the evaluation of study results and decision approval is not included in the deadline.

11. The appeal shall contain:

  • the name and surname of the appellant, study programme, email address provided by VK, telephone number, the date of the submission of the appeal;
  • appellant’s clearly formulated request, demand;
  • objective appeal arguments: the ground (motives) of the disagreement of the received study results or concrete violations in the interim assessment of the course unit, the evaluation of the Final Thesis, the defence of the Final Thesis, the inclusion of study results, the recognition of learning outcomes; circumstances confirming the fact of violations shall be indicated too.
  • the signature of the appellant.

12. The appeals shall be submitted to:

  • to the Dean of the Faculty, against the evaluation of the course unit’s study results, against the procedure of the evaluation of the course unit’s study results, the procedure of the evaluation of the Final Thesis and the inclusion of study results achieved in another study programme at VK.
  • to the VK Rector, against the conformity of the study results achieved in another higher education institution to the course units’ requirements of the intended study programme; and the evaluation and recognition of the learning outcomes achieved at nonformal adult education system.

13. The appeal is registered at the Registrar’s Office of the Faculty or VK accordingly.

14. The appeal that does not conform to the requirements set in paragraphs 9 and 11, shall not be registered and examined. In the event that the appeal is not submitted within the deadline set in paragraph 9 for serious reasons (as for example: disease, disability and other), the deadline of the appeal submission might be prolonged upon the decision of the Dean of the Faculty or the VK Rector accordingly.

15. The appeal on the assessment and recognition of learning outcomes achieved in the non-formal adult education system at VK might be submitted even by an individual who does not study at VK.

 

III. THE ESTABLISHMENT OF THE APPEAL COMMISSION, ITS FUNCTIONS AND RIGHTS

16. Upon receipt of the appeal, a 5-member Commission for Appeals (hereinafter – Commission) is established no later than:

  • within 3 working days for the evaluation of the study results, the evaluation procedure of the course unit’s study results, the evaluation procedure of the Final Thesis, the inclusion of study results achieved in another study programme at VK, and the assessment and recognition of learning outcomes achieved in non-formal adult education system;
  • within 10 working days for the conformity of the study results achieved in another higher education institution to the course unit requirements of the intended study programme.

 17. The Commission is established by the Dean of the Faculty for the examination of the appeals indicated in subparagraphs 7.1 – 7.4 of the Regulations on Appeals, and for the examination of appeals indicated in subparagraphs 7.5 – 7.6 of the Regulations on Appeals the Commission is established by the VK Rector.

18. The Commission for the examination of the appeals referred in subparagraphs 7.1 – 7.3 and 7.6 shall be composed of at least one representative of the Faculty Administration, one member of the Student Representation of the Faculty, teachers of the study field to which the course unit is attributed.

19. The appeals against the conformity of the study results achieved in another higher education institution to the course unit requirements of the intended study programme shall be examined by the Commission when at least two-thirds of the members are the experts proposed by the Study Quality Evaluation Center and other institutions and organizations (other higher education schools, Ministry of Education, Science and Sport of the Republic of Lithuania, representatives of the Union (Unions) of Student Representatives).

20. A person shall not be a member of the Commission to whom the appeal is addressed against the evaluation and assessment procedure of learning outcomes or the inclusion of study results.

21. The chairperson of the Commission is elected by the majority of votes.

22. Commission:

  • examines the appeals registered by the set order;
  • take the decisions in accordance with the requirements indicated in the appeal;
  • provides the information on the decisions taken in accordance with the procedure of the Regulations.

23. The Commission while performing its functions has a right:

  • receive the information related to the examined appeal;
  • to call to the session the individuals related to the examined appeal, to hear their opinions, to ask questions or ask to submit them in written form;
  • if need, to address specialists;
  • to examine the appeals of the same type at the same time.

24. In its work, the Commission relies upon the Statute of Vilniaus Kolegija / University of Applied Sciences, the Procedure of the studies of Vilniaus Kolegija / University of Applied Sciences, the descriptions of the studied course units, documents regulating study results’ assessment, inclusion, the organization of study process, the assessment and recognition of learning outcomes, and upon these Regulations of Appeals.

 

IV. EXAMINATION PROCEDURE OF APPEALS

 

 

25. The appeals are examined, and decisions are taken at the session of the Commission.

26. The Commission starts the session no later than within 3 working days after the announcement of the Order on the establishment of the Commission.

27. A member of the Commission, a representative of the administration, sets the day, time and place of the appeal examination.

28. The session of the Commission is led by the Chairperson of the Commission. The session of the Commission is closed.

29. The copies of the appeal and related documents are submitted to the members of the Commission in advance but no later than till the beginning of the session.

30. The Commission informs the appellant and an individual(s) whose actions were appealed about the submitted appeal. The appellant and an individual whose actions were appealed have the right to be heard during the session of the Commission.

31. The Commission shall examine the appeal and take the decision within 5 working days since the first day of the convening of the session.

32. The Commission, examining the appeal against the possible irregularities of the evaluation procedures of the study results of the course unit or the Final Thesis, assesses whether the procedural irregularities have the influence upon the evaluation of study results.

 

V. PROCEDURE OF DECISION-MAKING

33. The session of the Commission is considered legitimate if at least two-thirds of its members are present.

34. The decisions of the Commission shall be taken by an open majority vote of the members participating in the session. In the event of the votes evenly divided, the result of the voting is determined by the Chairperson of the Commission.

35. The Commission, after the examination of the appeal, shall make a decision upon the fact of the committed or not committed the violation. In its recommendations, the Commission might make suggestions to the Administration of VK or the Faculty regarding the subject matter, the evaluation procedures of study results of the Final Thesis, the inclusion of study results, and the improvement of the recognition and assessment of learning outcomes.

36. The Commission, having examined the appeal against the evaluation of study results of a course unit, shall take one of the following decisions:

  • to dismiss the appeal and uphold the previous evaluation of the course unit;
  • to grant the appeal and to reduce or increase the evaluation of the course unit.

37. The Commission, having examined the appeal regarding the violation of the procedure for the assessment of study results, shall take one of the following decisions:

  • to dismiss the appeal – the evaluation procedure of study results was not violated, however, the violation had no influence on the evaluation of study results, therefore the previous evaluation remains valid.
  • to grant the appeal – the evaluation procedure of study results was violated, however, the violation had no influence on the evaluation of study results, therefore the previous evaluation remains valid.
  • to grant the appeal – the evaluation procedure of study results was violated and the violation had a great influence on the evaluation of study results. In this case, it is recommended for the Dean of the Faculty to provide the opportunity to revaluate the study results achieved by the appellant.

38. The Commission, having examined the appeal regarding the inclusion of the conformity of the course unit’s study results achieved by studying another study programme at VK or another higher education institution to the requirements of the course unit of the intended study programme, makes one of the following decisions:

  • to dismiss the appeal – the inclusion procedure of study results was not violated;
  • to grant the appeal and to include the study results in another way.

39. The Commission, having examined the appeal against the assessment and recognition of the learning outcomes achieved in non-formal adult education system, makes one of the following decisions:

  • to dismiss the appeal and keep valid the previous decision on the inclusion of learning outcomes, crediting and evaluation;
  • to grant the appeal and to recognise the learning outcomes and / or to evaluate otherwise.

40. During the decision making, only the members of the Commission participate.

41. The session of the Commission is recorded. The decision of the Commission is recorded to the Protocol of the session. The Protocol is signed by the Chairperson of the Commission (in case of absence – the Chairperson of the session) and the secretary of the session.

42. The Chairperson of the Commission, no later the working day following the day of the appeal examination, submits the copy of the decision of the Commission to the Dean of the Faculty or the VK Rector accordingly.

43. The Faculty or VK Administration shall send the Commission’s decision to the appellant within 3 working days of the date of the decision making by the Commission via the provided e-mail address (in this case, the decision is considered submitted the other day after the sending) or the appellant might be introduced with the decision by hand delivery no later than within 3 working days after the decision making.

44. Until the decision is not made by the Commission, any administrative decisions related to the discussed issues of appeal examination in terms of the appellant shall not be made, and until, the proceedings of the made decisions are stopped.

45. The decision of the Commission is final and not appealed.

46. The individual, who has acquired higher education in a foreign higher education institution and disagrees with the decision of the Commission on the assessment of formal requirements for the recognition of study results, has the right to address the Appeal Commission for the assessment and recognition of the acquired foreign qualifications established by the Minister of Education, Science and Sport of the Republic of Lithuania within 10 working days.

 

V. FINAL PROVISIONS

 

47. Appeals, Protocols of Commission and other documents related to the appeal examination are kept at the Registrar’s Office of the Faculty or VK accordingly for one year.

48. The copy of the decision of the Commission is kept the appellant’s personal file.

49. Other issues related to appeals not covered by these Regulations on Appeals shall be settled by the VK Rector.

50. These Regulations on Appeals shall enter into force on the date of their approval by the Academic Council.

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