AR5: Mitigating circumstances and extensions regulations 2022/23

I am experiencing some difficult circumstances and I am not sure that I am going to be able to engage with my studies and/or assessment as well as I want to. What should I do?

We understand that everyone experiences difficult circumstance sometimes, but we do expect you to take ownership of your learning and to be responsible for managing your own time along with the normal demands of everyday life so that you can complete the requirements of your chosen course.

If you are experiencing difficulties, we recommend that you get some advice from your personal tutor or another member of your course team and the Union of Kingston Students'. You should also familiarise yourself with the information on this page and read through our main regulation document which contains important information and which is available from the bottom of this page.

If your circumstances are ongoing then it may be in your interest to consider whether an interruption of studies or a withdrawal from your course is the best course of action so that you can come back at a later date, once your situation has improved.

If you make the decision to apply for Mitigating Circumstances you will need to be sure that your circumstances meet our definition. We consider Mitigating Circumstances to be specific circumstances that have impacted you in the lead up to, or during an assessment event or submission. They must be:

  • Sudden, serious and/or unpredictable or unforeseeable in nature, and
  • Relevant to you, the individual student making the claim, and
  • Likely to seriously impair your performance, and
  • Taking place at the same time as an assessment event or before an assignment deadline.

We do not consider ongoing conditions mitigating circumstances. However, we do consider significant fluctuations in a long-term condition to be mitigating circumstances (see paragraphs 55 to 60 of the main regulations document provided below for more information on disability, mental health conditions and other ongoing medical conditions).

A summary of the types of circumstances that we do and don't consider to be acceptable reasons for mitigation, along with the types of evidence that would be required to support a claim is provided at the back of the main regulation document provided below.

Claiming for Examinations (Online and On-campus) and In-class tests – what do I need to know?

If you are unable to undertake a time-limited online or on-campus exam, you can self-certify (this means that you can submit a claim for mitigating circumstances without providing evidence) from 5 days before the date of the exam and up to 10 days after the date of the exam.

You can also self-certify for an in-class tests as long as this is validated as a major element of assessment and is not one of a portfolio of tasks that together form a major element of assessment. If you are not sure if whether an in-class test is eligible for self-certification, you should ask your module leader**.

You do not need to provide evidence to support a self-certified claim.

To submit your claim, please use the appropriate options in the OSIS system (see How to make a claim section below).

You should be aware that we have a fit to sit policy which means that, if you attend an examination or an in-class test, you will have declared yourself fit to undertake the assessment and that there have been no mitigating circumstances affecting you. Therefore, if you engage with an assessment and submit a claim for mitigating circumstances after completing it, we will normally not consider your claim (see section on Retrospective Mitigating Circumstances paragraphs 65 to 67 of the main regulations document provided below for more information).

If you fall ill during an examination, you must inform the chief invigilator that you are leaving the venue due to illness and apply for mitigating circumstances within 10 working days of the event using the self-certification option. We will use the chief invigilator's report to corroborate your claim.

**In cases where you miss an in-class test which is part of a number of different assessments that together form an element, you should discuss this with your module leader in the first instance.

Claiming for On-campus assessments - what do I need to know?

Where an assessment takes place on site (such as a presentation), or is an assessment which cannot be adequately completed without onsite learning (e.g. lab report or an artefact requiring campus-based facilities), and you are unable to attend due to self-isolation or any other mitigating circumstance, you can apply for mitigating circumstances. If your assessment is an in-class test, please see the section above.

To submit your claim, please use the appropriate options in the OSIS system (see How to make a claim section below) making sure to attach appropriate evidence.

We note that the Government no longer provides free universal Covid symptomatic and asymptomatic testing for the general public in England and that self-isolation is now at the discretion of the individual. If you have symptoms of Covid, or if you have tested positive you should submit a claim for mitigating circumstances indicating that you are self-isolating. You will not need to provide evidence of a positive test.

Claiming for Assessment that can be done remotely – what do I need to know?

For assessments that do not require on campus attendance, you are expected to plan your time and work preparation appropriately, including accounting for usual ‘life events' such as minor illnesses (e.g. common cold) or everyday demands.

If you determine that you are unable to engage with your assessment and you have eligible mitigating circumstances you should use the appropriate options in the OSIS system (see How to make a claim section below) making sure you that you attach appropriate evidence.

If you have Covid, you should continue to study and complete assessments even if you are self-isolating due to Covid unless you feel too unwell to study, in which case you can apply for mitigating circumstances. You will be required to supply medical evidence (at a minimum you will need a photo of a positive Lateral Flow Test with your photo ID next to the test kit) that confirms you are too unwell to study.

When can I expect to receive a response to my mitigating circumstances claim?

The University will consider and provide an outcome to your mitigating circumstances claims as soon as possible. It is not possible for us to confirm a fixed date by which you will receive an outcome to your claim as this will depend on a range of factors including whether or not your claim can be approved without proceeding to a panel or whether panel consideration is required. Providing outcomes to claims may also take a little longer during peak assessment periods.

My assessment submission or event is due but I have not yet received an outcome to my mitigating circumstances claim. What shall I do?

If you have submitted a claim but have not received a response to it by the date of your assessment, it is ultimately for you to decide if you are too ill or otherwise impacted by mitigating circumstances to take the assessment. For your claim to be accepted you will need to have submitted an eligible mitigating circumstance claim with the appropriate supporting evidence. A summary of the types of circumstances that we do and don't consider to be acceptable reasons for mitigation, along with the types of evidence that would be required to support a claim is provided at the back of the main regulation document provided below.

You should be aware of the University's Fit to Sit policy which means that if you submit work or attend an examination, you will have declared yourself fit to undertake the assessment and that there have been no mitigating circumstances affecting you.

If you submit a claim for mitigating circumstances and then engage with an assessment, your mitigating circumstances claim will be annulled.

How to make a claim and mitigating circumstances regulations

To submit a claim for mitigating circumstances you should use the online system accessed through OSIS.

Before you do, please read through the relevant regulations, which are referenced below.

Please note the deadline for submitting a claim is up to ten university working days after the official deadline for your assessment submission or ten university working days after the examination date. If you make a claim after this time you will need to provide evidence to explain why you did not engage with the mitigating circumstance process at the correct time.

When you are ready to complete your submission, you can access the online system in OSIS:

  • Log into OSIS using your Kingston University Student ID;
  • Go to the "your Studies" tab;
  • In the list below you will see the title 'Mitigating Circumstances' and here there is a link into the online screens - "click here to start a new claim"
  • You will find further instructions provided on the screens.

Who can you talk to for advice?

It is for you to decide if you are too ill or otherwise impacted by mitigating circumstances to take an assessment. While you can seek advice from members of staff and/or the Union of Kingston Students about whether to submit an assessment or apply for mitigation, they will limit their advice to explaining the procedure that you should follow and the requirement for evidence to be supplied in support of a mitigation claim. Ultimately it is you who must make the final decision on your fitness to undertake an assessment.

We do however encourage you to talk to us about any issues impacting your wellbeing and your ability to engage with your chosen course of study. Please speak to your Personal Tutor, Module or Course Leader or with the Union of Kingston Students' who are very experienced with supporting students with these procedures. If, for whatever reason you find it difficult to engage with these individuals, there are a range of services available from Kingston University to support you during your studies. Please see advice and support for more information the range of support available to you during your time studying with us.

Students with disabilities, mental health or other medical conditions who are considering applying for Mitigating Circumstances should note that support is available to them via the University's Disability and Mental Health Advisors and via the Student Well-being Hub. You should also read the Section on Disabilities, Mental Health conditions and other ongoing medical conditions below).

If you have any questions about the process for submitting your claim, you should contact your Faculty's Academic Affairs Coordinator (AAC) team who will be able to provide advice . Contact email addresses for Faculty AAC teams can be located in the section below.

Contact details for faculty academic affairs coordinators

The Faculty Academic Affairs Co-ordinators co-ordinate the University's mitigating circumstances applications. You may receive communications from your Faculty Academic Affairs Co-ordinator about your claim.

Faculty of Business and Social Sciences

Health, Social Care and Education

Kingston School of Art

Science, Engineering and Computing