Education Law Case Study: University Withdrew Student From Course

Who did IBB act for?

IBB acted for Melissa an undergraduate student who was withdrawn from their university course, due to non-engagement.

Why did Melissa come to IBB?

Melissa was concerned that the university had not taken their extenuating circumstances into account when making the decision to withdraw her and sought our assistance. Melissa’s extenuating circumstances were that Melissa had become engaged in a highly stressful, manipulative and controlling friendship with a fellow student with whom Melissa resided. This led to a deterioration in Melissa’s physical and mental health.

What did IBB do?

On analysis of Melissa’s case, we found that the University had:

• not properly investigated the reasons for Melissa’s non-engagement, despite Melissa informing the University;
• not informed Melissa of the University’s Extenuating Circumstances procedure;
• not informed Melissa that there was a right of Academic Appeal in relation to the decision to withdraw Melissa from the course; and
• breached its own procedures during their communications with Melissa.

Melissa was advised that we should correspond with the university to argue she should be readmitted to the university. We entered into correspondence with the university to set out why Melissa had not been engaging with their course and provided evidence of Melissa’s extenuating circumstances. A Formal Complaint was then lodged on Melissa’s behalf in accordance with the University’s request. The University upheld Melissa’s Complaint due to her exceptional circumstances.

Melissa’s case was dealt with quickly, with the case being resolved a month after she came to us. That meant Melissa was able to continue with her academic studies at the university without a gap.