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I have been refused to resit an examination

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I have been refused to resit an examination

Postby south1 » Thu Mar 06, 2014 1:01 pm

I have been refused to resit an examination because I made several complaints.
I made a complaint and I had a court case many years ago against my educational institution concerning the quality of the learning package that I lost but it does not make any reference to this court case in its email where it refuses to register me for a re-sit.
I think that I was right to complain because even if it did not uphold my complaint finally my educational institution increases significantly the quantity of the learning package.

I was allowed to resit once after my court case ended so this refusal to register me for another resit is a big surprise. After I resat again last year I make a query concerning my marks but it was not a complaint but I think that my educational institution did not like it.

In the rules it is only stated that a candidate will be refused to resit in case of malpractice like cheating during the examination. However I was given no warning that I could be refused to resit if I made a complaint.

In our contract students who fail this examination have the right to resit. Hence it is only a resit and I do not ask to enrol in a new course. There will be no face to face teaching. It is only a three hours re-sit which will even not take place in my educational institution’s own campus.

In its email of refusal my educational institution says that I will not be able to take up any further qualification with them. What I think is very harsh because it is for life. Moreover my educational institution is not a private company because it is a registered charity incorporated by Royal Charter.

I am in a very difficult situation because if I am not allowed to resit there is no change I get my certificate.
I intend to use my educational institution’s internal grievance procedure. I would like to know to which law I can make reference to convince my educational institution to change its mind.
I do not know if I can issue a county court claim for breach of contract and harassment and ask for an injunction or made a claim for judicial review. The problem is that all these proceedings will take time and I will not able to resit next examination. Hence the better solution is to convince my educational institution to change its minds.
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Re: I have been refused to resit an examination

Postby atticus » Thu Mar 06, 2014 1:08 pm

Then you need to work through the institution's academic regulations and make your case by reference to those regulations and in accordance with the procedures they set out.
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Re: I have been refused to resit an examination

Postby south1 » Thu Mar 06, 2014 2:15 pm

As I say in my post unfortunately there is nothing in my educational institution’s regulations which says that a candidate cannot resit if he has made a complaint. The only thing which is stated is that each candidate is entitled to resit except in case of malpractice like cheating during the examination. Hence what I need is to find enough legal argument to put to this institution so that it changes its mind and allow me to resit this examination
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Re: I have been refused to resit an examination

Postby dls » Thu Mar 06, 2014 2:31 pm

Suchcases are brought. Atticus is right as to where you start.
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Re: I have been refused to resit an examination

Postby Hairyloon » Thu Mar 06, 2014 2:56 pm

You say you have already re-sat. Are you wanting to re-sit again, or is this for a different exam?
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Re: I have been refused to resit an examination

Postby south1 » Thu Mar 06, 2014 3:20 pm

I would like to re-sit the same examination
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Re: I have been refused to resit an examination

Postby Slartibartfast » Thu Mar 06, 2014 9:38 pm

Is it your view that you should be able to re-sit every year for as long as you wish (or until you pass)? I think that passage of time might be their defence.
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Re: I have been refused to resit an examination

Postby atticus » Thu Mar 06, 2014 9:50 pm

The rules allow a resit.

Does that mean that the rules must allow multiple resits?
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Re: I have been refused to resit an examination

Postby south1 » Thu Mar 06, 2014 10:23 pm

The email that I have received says the following:

“We are in receipt of your registration form.

Given the number of complaints you have made previously, we do not feel it is appropriate for you to take any further qualifications with********"

Hence the reason is not my multiple resits but that I made previous complaints. Anyone is entitled to resit this examination how many times he wishes as long as he pays the resit fee
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Re: I have been refused to resit an examination

Postby Slartibartfast » Thu Mar 06, 2014 10:41 pm

south1 wrote:Anyone is entitled to resit this examination how many times he wishes as long as he pays the resit fee


And that is the argument which you might have to prove, if this matter reached a court. That anyone who has ever been a student at that education provider (or anyone in the world?) has an indefinite right to pay the fee and sit the exam, repeatedly for the rest of their lives, regardless of whether the education provider wishes to provide that service.

I would be very surprised if the education provider could be under such an open-ended contractual duty. There must be a point where the education provider can say "we decline your custom, please pursue your academic interests elsewhere".
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