University Assessment (Amendment) Regulations, 2019

L.N. 42 of 2019

EDUCATION ACT

(CAP. 327)

University Assessment (Amendment) Regulations, 2019

IN EXERCISE of the powers conferred upon him by articles 74 (5) and 75 (6) of the

Education Act (Cap. 327), the Chancellor of the University of Malta has promulgated

the following regulations made by the Senate of the University of Malta by virtue of

the powers conferred upon it by articles 75 (3) and 79 (b) of the said Act

Citation

These regulations may be cited as the University Assessment (Amendment)

Regulations, 2019 and shall be read and construed as one with the University

Assessment Regulations, 2009, published as Legal Notice 274 of 2009, hereinafter

referred to as “the principal regulations”.

Applicability

These regulations shall be applicable from 1 March 2019 onwards.

Deletion of regulation 47 of the principal regulations

Regulation 47 of the principal regulations shall be deleted.

Addition of regulations 47 to 58 to the principal regulations

The following regulations 47 to 58 shall be added after regulation 46 of the

principal regulations

“47. Students may appeal a decision of the University Assessment Disciplinary

Board to the University Assessment Appellate Board.

Composition of the University Assessment Appellate Board

48. The University Assessment Appellate Board shall be composed of

(a) two Pro-Rectors, one of whom shall be designated as Chairperson for each

appeal;

(b) two academics not below the rank of associate professor; and

(c) a student appointed by Senate from among the students’ representatives

on Senate.

49. (1) Members of the University Assessment Appellate Board shall be

appointed by Senate. Such members shall not be academic members of staff at

the home Faculty of the student concerned. They shall declare any interest in or

involvement with (i) the student, or (ii) the accusation prior to the commencement of

proceedings, or (iii) both the student and the accusation.

(2) The student shall also, prior to the commencement of proceedings,

have the opportunity to challenge the appointment of any member on the University

Assessment Appellate Board. Any such challenge shall be made at the latest by the

time the student appears before the University Assessment Appellate Board and the

student shall be required to provide reasons for such challenge.

(3) Upon any such challenge, the remaining members of the University

Assessment Appellate Board shall determine whether the member who was so

challenged should continue to sit on the University Assessment Appellate Board.

Should the challenge be successful, having consulted with the Legal Office of the

University, the member so disqualified from the University Assessment Appellate

Board shall be substituted by another person from the list of Substitute Members

referred to in paragraph (6) of this regulation.

(4) For the purposes of these regulations, the term ‘Member’ includes a

chairperson.

(5) There shall be a Secretary to the University Assessment Appellate

Board, appointed by the Rector, to provide all necessary support to such Board.

(6) Senate shall nominate a list of substitute members for the purposes of

paragraphs (2) and (3) of this regulation, referred to hereafter as ‘Substitute Members’.

Functions and Powers of the University Assessment Appellate Board

50. (1) The University Assessment Appellate Board shall hear and determine

appeals from the decisions of the University Assessment Disciplinary Board, which

are brought to its formal cognisance in accordance with these Regulations. Appeals

shall be allowed only on any of the following grounds

(a) where the decision of the University Assessment Disciplinary Board has

breached a relevant regulation or bye-law;

(b) where the University Assessment Disciplinary Board acted in excess of its

powers;

(c) where the right to a fair hearing was not followed in the proceedings before

the University Assessment Disciplinary Board;

(d) where the decision of the University Assessment Disciplinary Board

contains contradictory dispositions;

(e) where there was an error in the conduct of the proceedings before the

University Assessment Disciplinary Board; and

(f) where any time frames as set out in the applicable regulations or bye-laws

were not complied with.

(2) Where fresh evidence is presented to the University Appellate Board,

the appeal shall be allowed by way of exception on points of fact. New evidence

shall include the instance where, after the decision of the University Assessment

Disciplinary Board, some conclusive document was obtained, of which the student

had no prior knowledge, or which, with the means provided by law, he could not have

produced before the decision was taken by the University Assessment Disciplinary

Board. The conclusive document should be relevant to the disciplinary proceedings.

(3) The University Assessment Appellate Board shall at all times respect

and apply the principles of natural justice, these being that

(a)

no one shall be a judge in his or her own cause;

(b)

the student lodging the appeal is allowed to address the University Assessment

Appellate Board; and

(c)

the University Assessment Appellate Board gives reasons for its decisions.

(4) The University Assessment Appellate Board shall also comply with

the principles of procedural fairness as set out in regulations 52 to 56.

(5) The University Assessment Appellate Board shall, subject to paragraph

(3) of this regulation and unless otherwise indicated within these Regulations, regulate

its own procedure.

(6) The University Assessment Appellate Board shall have the right to

summon witnesses.

(7) Decisions of the University Assessment Appellate Board shall be

communicated to the student and to Senate, which shall register the decision at its

next scheduled meeting.

51. Decisions of the University Assessment Appellate Board shall be valid

only if taken in terms of regulation 50.

Procedure to enter an Appeal

52. (1) A student shall submit a written letter indicating the reasons upon

which the appeal is based to the Secretary of the University Assessment Appellate

Board by not later than fifteen working days from the notification of the decision of

the University Assessment Disciplinary Board.

(2) An appeals fee of € 50 shall be paid concurrent with the submission of

the letter of appeal in terms of paragraph (1) of this regulation. Such fee may, at the

discretion of the University Assessment Appellate Board, be refunded if the appeal

is upheld.

(3) Upon receipt of the written letter referred to in paragraph (1) of this

regulation, the Secretary of the University Assessment Appellate Board shall

(a) inform the student in writing who the University Assessment Appellate

Board members are, and of the student’s right to challenge the appointment of any

such member of the University Assessment Appellate Board in terms of regulation

49; and

(b) make the necessary arrangements to have the University Assessment

Appellate Board convened as far as practicable within twenty-five working days.

Appeal Proceedings

53. The University Assessment Appellate Board shall, as far as practicable,

decide upon the case expeditiously. In so doing, the University Assessment Appellate

Board may confirm, with or without changes, vary or revoke the decision of the

University Assessment Disciplinary Board.

54. The student shall appear before the University Assessment Appellate Board

on the date indicated to him by the Secretary of the University Assessment Appellate

Board.

55. Students and any other person on their behalf shall not at any stage of the

proceedings communicate with any member of the University Assessment Appellate

Board or with any family members of such University Assessment Appellate Board

members. Members shall bring any such communication to the attention of the other

members of the University Assessment Appellate Board.

56. Proceedings before the University Assessment Appellate Board shall be

suspended when other formal proceedings before a competent Court or Tribunal

established by law or both on the same matter are pending.

57. The student has the following procedural rights

(a) to summon witnesses;

(b) to produce evidence; and

(c) to submit before the University Assessment Appellate Board arguments

either orally or in writing, or both as the University Assessment Appellate Board may

determine.

Appeals from Decisions of the University Assessment Appellate Board

58. The decisions of the University Assessment Appellate Board shall be final

and no appeal shall lie therefrom.”

Renumbering of regulations 48 to 65 of the principal regulations

Regulations 48 to 65 of the principal regulations shall be renumbered as

regulations 59 to 76.

Amendment to regulation 65 of the principal regulations

For regulation 65 of the principal regulations there shall be substituted the

following

“65. Nothing in these regulations prevents students from discussing Assessment

questions, including the type of answers expected, with the lecturer or the Head of

Department concerned or both. Such consultation is not a prerequisite, nor can it be

used to extend the time limit provided for in regulation 59 (1).”

€0.45