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Mitigating circumstances guidance

Introduction

At some point in your studies, you may experience circumstances which impact your ability to submit an assessment or sit an examination and you may wish to apply for mitigating circumstances.

The following guidance was developed by teaching and professional services staff and Birkbeck Students' Union representatives to help provide students with information on how to make a claim for mitigating circumstances in the 2023-24 academic year.

This guidance should be read in conjunction with the Mitigating Circumstances Policy document (PDF).

What are mitigating circumstances?

'Mitigating circumstances' means things that might happen, which you could not reasonably expect to happen, and which might interfere with your ability to sit an examination or to complete an assessment by the required deadline.

For mitigating circumstances to be considered, the incident, event or situation should:

  • have detrimentally affected either your submission of coursework or your attendance at another form of assessment, or have otherwise affected your performance in an assessment
  • be something that you could not reasonably expect ('unforeseen')
  • be out of your control and something you were not able to prevent
  • relate directly to the timing of the assessment.

You should consider submitting a mitigating circumstance claim if your circumstances have affected your ability to submit your assessment, submit your assessment on time or have impacted negatively on your performance.

View examples of circumstances that are/are not normally agreed. If you have any queries, you should raise an ASK or contact your Course Administrator.

WHEN TO SUBMIT A CLAIM

You must submit a mitigating circumstance claim no earlier than 14 calendar days before the date of an assessment and no later than 14 calendar days afterwards.

If you have valid reasons as to why you were unable to apply within the window of application, you should apply and include this information in your support statement as part of your application, otherwise your claim will be automatically rejected.

CLAIMS FOR MULTIPLE ASSESSMENTS OVER A TWO-WEEK PERIOD

  • If you are submitting a single mitigating circumstance claim for multiple assessments occurring over a two-week period, the window for application will apply from no earlier than 14 calendar days before the date of the first assessment and no later than 14 calendar days after the first assessment.

CLAIMS RELATING TO MISSED ATTENDANCE OF TAUGHT SESSIONS

  • If you have missed all or most of the term's classes, you should contact your module leader as a break in studies might be more appropriate than a mitigating circumstance claim.
  • If it is appropriate and you are submitting a mitigating circumstance claim relating to missed attendance of taught sessions, you must submit a mitigating circumstance claim no earlier than 14 calendar days before the end of the term in which attendance was affected and no later than 14 calendar days afterwards.

What can you claim for?

When you are applying for mitigating circumstances, there are three different options you can claim for. You should select the option which is most relevant to your situation.

Late submission

  • If you have mitigating circumstance that have resulted in you missing the original deadline but have/can submit the work within the two-week period permissible by the Late Submission Policy (PDF), you should apply for late submission.

Non-submission

  • If you have mitigating circumstance that have resulted in you missing an examination, or you have missed the original deadline and you are unable to submit the work within the two-week period permissible by the Late Submission Policy (PDF), you should apply for non-submission.

Impaired performance

  • If you have submitted your assessment on time and there are mitigating circumstances which have detrimentally affected your submission, you should apply for Impaired Performance.

How to submit a claim

You should make Mitigating Circumstance requests through My Birkbeck. You can start a new claim by going to 'My Records' and selecting 'My Mitigating Circumstances'.

Make sure to fill out the application in full and attach any evidence as required. Incomplete applications may result in an application being rejected.

IDENTIFY THE MODULE, ASSESSMENT AND SUBMISSION DEADLINE

  • As part of your application, you will need to state what module(s) you are applying for, the exact assessment(s) you are applying for and the date of the original deadline(s). For example:
    • Module code/name: SSPA071S4AAA Love: an introduction to psychosocial studies
    • Assessment: 2000-word essay
    • Deadline: 13 October 2022, 4pm
  • Some modules may have multiple assessments so please ensure you state the exact assessment you are applying for. If you are applying for multiple modules in a single claim, you must provide information for all the assessments you are applying for.

Preferred resolution

  • When making an application, you can select what your preferred resolution would be. You can explain why you have selected this option in your supporting statement. The mitigating circumstances panel will consider your preferred resolution, however, the panel will make the final decision on how mitigation is applied if it is accepted.
  • No penalty for a submission made during the two-week late submission period: You should request this option if you are able to submit within the two-week period permissible by the Late Submission Policy (PDF). If your application for mitigating circumstances is accepted, it would remove any penalty applied to your work (unless a cap has already been placed on the submission previously).
  • Please note: The late submission policy only applies to coursework not examinations, so if you have missed the deadline for an exam in most cases the most appropriate outcome will be to defer.
  • Deferral to a later submission period beyond the two-week late submission period: You should request this option if you would like to retake the assessment at the next assessment opportunity. If your application is accepted, the current attempt will not count, and you will be granted a deferral to retake the assessment at the next assessment opportunity without penalty (unless a cap has already been placed on the submission previously).
  • Other: In most cases 'No penalty for a submission made during the two-week late submission period' or 'Deferral to a later submission period beyond the two-week late submission period' will be the most appropriate outcome. However, there may be specific circumstances which mean you want to request an alternative outcome. If this is the case, you should select this option and in your supporting statement, explain what your preferred resolution would be and why the other options would not be suitable.

Explaining how your circumstances have affected your work or studies

  • You must provide a supporting statement which explains clearly why you are submitting a mitigating circumstance claim, which assessment you are claiming for and how it directly impacts the timing of the assessment. You should also state why you have chosen your preferred resolution. For example:
    • 'I am applying for mitigating circumstances for the assessment XX as I have been suffering from XX illness from XX to XX date. Due to this I have been unable to engage with my studies and complete my assignment which had the deadline date of XX. I am applying for 'No penalty for a submission made during the two-week late submission period' as I submitted my work 7 days after the original deadline.'

Evidence

You may be required to upload evidence as part of your claim, depending on how many claims you have made.

If the panel has reason to believe your claim for mitigation is factually inaccurate, misleading or does not apply to the relevant assessment period, they may ask for evidence, even if it is a first claim.

First mitigating circumstances claim

  • If it is your first claim of the academic year, you are not required to upload any evidence. You only need to provide your supporting statement explaining how your circumstances have affected your work or studies.

Second mitigating circumstances claim

  • If it is your second claim of the academic year, you must clearly state how your circumstances have affected your work or studies, in your supporting statement.
  • You should also upload supporting evidence with your claim. If you have valid reasons to support why you are unable to upload evidence, you should explain this in your supporting statement.
  • The mitigating circumstances panel will use their discretion to determine whether to accept the claim without evidence and may request more information from you before making a final decision.

Third mitigating circumstances claim

  • If it is your third or more claim of the academic year, you must provide a supporting statement explaining how your circumstances have affected your work or studies.
  • You are also required to upload evidence to go with your application.
  • If you are making multiple claims within the same academic year you should speak to your personal tutor, as other processes or forms of support may be more beneficial for your studies.

Birkbeck recognises that it can be very difficult to be asked for 'evidence' in the case of very sensitive circumstances such as the death of a close relative or sexual assault, or be hard to provide it in the case of sudden short-term severe illnesses such as food poisoning.

If you are unable to provide evidence, you must explain why within your supporting statement. In such cases, the Mitigating Circumstances Panel may use its discretion concerning the requirement for evidence according to the circumstances. However, evidence will be requested if it is deemed necessary.

Checklist

In order to make the process of applying for mitigating circumstances as simple as possible, we have put together a simplified set of questions you should be able to answer before making your application. You can also download a flow diagram of the mitigating circumstances checklist (PDF).

  • Is your reason for claiming valid, based on the Birkbeck definition of mitigating circumstances?
  • Are you within the window for application for applying for mitigating circumstances?
  • Do you know the exact module code and title, assessment, and submission deadline you are applying for?
  • Have you decided what type of mitigation claim you are applying for and what your desired outcome would be?
  • Have you created a support statement which explains clearly why you are submitting a mitigating circumstance claim, which assessment you are claiming for, how it directly impacts the timing of the assessment and why you have chosen your desired outcome?
  • Have you gathered evidence to support your claim if it is not your first mitigating circumstances claim of the academic year?

If you have answered yes to all the above questions, then you are ready to submit your Mitigating Circumstance through My Birkbeck.

If you have answered no or are unsure of the answers to any of the questions please make sure to gather the relevant information before making a claim. Failure to follow procedure or submissions with missing information may lead to applications being rejected.

There may be unique situations where you should proceed with an application even if you have answered no to some of the above questions. Please refer to the Mitigating Circumstances Policy document (PDF) or speak with your personal tutor if you are in this situation.

REQUESTS FOR ADDITIONAL INFORMATION

If there is an issue with your claim, e.g., it is unclear or there is missing information, you may be contacted to provide further information.

Please ensure you check your emails for any requests for additional information. You will be given a date when you will need to respond/correct your application by. Make sure you update/respond before the date stipulated in the email. Failure to respond and rectify any requests may result in your application being rejected

HOW WILL I KNOW THE OUTCOME OF MY CLAIM?

You will find out the outcome of a claim by logging on to Birkbeck's ASK system.

There may be instances where you will not receive outcome of a claim until after a deadline has passed. In such instances, submit your work within the extension deadline you have requested. Do not wait for a decision to submit work.

WHAT HAPPENS IF MY CLAIM IS REJECTED?

If you do not have valid mitigating circumstances, or failed to complete the form correctly, and your application is rejected, then the following outcomes will happen depending on when and if you submitted.

  • I have submitted my assessment on time: If your application is rejected and you submitted your work on time, your work will be marked as normal.
  • I have submitted my assessment late: If your application is rejected and your work has been submitted late, your work will be marked in accordance with the Late Submission Policy (PDF).
  • I have not submitted my assessment: If your application is rejected and you have not submitted you work, you will be recorded as absent from that assignment. An attempt will be used and providing you have attempts left, you will have a reassessment or retake opportunity (as appropriate).

APPEALS

If you have evidence that a decision has not been made correctly, or if there are mitigating circumstances the examiners should have considered before making their decision, you can appeal.

In the first instance, you should approach your school for early resolution as soon as possible, however if you wish to make a formal appeal it must be made within four weeks of the official notification of the Mitigation outcome via My Birkbeck. Please refer to the Student Appeals Policy and Procedure (PDF) for more guidance.