Reports

Joint Report of the Council and the General Board on the review of examination regulations following the marking and assessment boycott

The Council and the General Board beg leave to report to the University as follows:

1. This Report aims to provide a clear explanation of the actions the General Board may choose to take, under its existing authority, to minimise the impact on students of serious disruption to the examining process, including as a result of a marking and assessment boycott, whilst making sure academic standards continue to be maintained (Annex A). It also proposes changes to Ordinances to extend those actions to include three new measures (Annex B). This Report reflects the experiences during, and the lessons learned following, the marking and assessment boycott that took place in 2022–23 and adopts the recommendations of a group set up by the Council to review examination regulations.

Background

2. In March 2023, in anticipation of industrial action during the summer examination season, the Council published Graces relating to several measures to mitigate the impact of that action on students. The Council received an amendment from members of the Regent House, which sought to remove most of those measures on the basis that there were concerns about the maintenance of academic standards. In votes, the measures as amended1 were approved, rejecting all but two of the mitigating actions that had been proposed. In line with regulatory obligations, the Acting Vice-Chancellor reported the votes as a potential breach of registration condition E2 (concerning good governance) to the Office for Students. The commentary on the University’s response to this reportable event noted that there would be a review of the governance arrangements for examination regulations.

3. A task and finish group was set up early in Michaelmas Term 2023 to carry out the review (its terms of reference and membership are set out in Annex C). The review is divided into two phases. Phase 1 looked specifically at what measures are and/or should be available in the event of major disruption to examinations, including in response to a marking and assessment boycott or other industrial action. Phase 2 is a wider review of Chapter III of Ordinances on the examination of taught programmes and is ongoing.

4. The Council and the General Board endorse the two general principles guiding the review, as agreed by the group:

(a)student interests should be protected; and

(b)academic standards must be maintained. This includes having appropriately qualified examiners and assessors to undertake marking, not approving results or the graduation of students for which insufficient marks are available, and not allowing Examination Boards to operate unless they are satisfied that they have sufficient expertise.

Review recommendations

5. This Report takes forward the recommendations of Phase 1 of the review:

(a)to articulate clearly the existing powers of the General Board to mitigate the impact of serious disruption of the examination process on students whilst upholding academic standards (see the commentary in Annex A); and

(b)to revise Ordinances (as set out in Annex B):

(i) to include three new measures to extend the General Board’s authority where the two guiding principles are upheld:

•to allow lists of candidates for examination, and class-lists and other lists of candidates approved for degrees and other awards, to be accepted later than the dates set out in Ordinance;

•to permit examinations to start later than the dates set out in Ordinance;

•to enable Examiners to include candidates declared to have deserved honours on the class‑list, to be classed later.

(ii)to make additional changes:

•to confirm the circumstances in which a final meeting of Examiners may proceed if any Examiner fails to attend the meeting without notice;

•to remove outdated references requiring two printed class-lists.

6. The Council and the General Board agree with the group’s view that the Board should have the ability to revise dates in Ordinance during industrial action or other disruption, as set out in paragraph 5(b)(i) and (ii), provided that the two guiding principles are upheld. These mitigating actions were approved by the votes in March 2023.1 The General Board has agreed to make similar provision in the General Board Regulations for certain postgraduate taught courses, with effect from the same date as the changes to Ordinance that this Report proposes (see Annex D).

7. The group carefully considered the impact on students who were not able to graduate with their cohort in the summer of 2023 and the different scenarios that the General Board had encountered as a result of all marks not being available for the whole cohort to the normal timetable. Based on reflection and feedback, the group considers that in similar circumstances and in line with the principles agreed, candidates who have completed all of the requirements of assessment but have outstanding information due to marking not being completed, should be eligible to graduate as normal (provided the Examiners are satisfied that they have met the required standard), with their final classification and any marks of distinction added at a later point. The Examiners’ decision to pass individual students, or declare them to have received honours, would be based on a clear demonstration, through the marks available for those students, that it is beyond doubt that they have reached the required standard. The General Board would consider a request from the Chair of Examiners to take this action on receipt of confirmation that these conditions had been met. The Council and the General Board support the proposal in paragraph 5(b)(i) – to enable Examiners to include candidates declared to have deserved honours on the class-list, to be classed later – as an appropriate mitigation.

8. The group acknowledged that there may be situations which would not be mitigated by the proposed changes to marking and classing. These include not being able to approve results or allow the graduation of students for whom there were an insufficient number of marks available (i.e., when missing marks mean it is it is not beyond doubt that they will pass), or when there is felt to be a lack of expertise amongst the Examiners at the final meeting of the Examination Board. This is, however, unavoidable given the guiding principle of maintaining academic standards.

9. During the period in which the Phase 1 review was taking place, the Acting Commissary received a representation from a member of the Regent House under Statute A IX 1(b) concerning the General Board’s decision-making during the 2023 marking and assessment boycott. The General Board, on the recommendation of the Registrary, has agreed to make an amendment to the General Regulations for the M.Phil. Degree by Advanced Study, to take account of a point made by the Acting Commissary in his decision on that application. The amendment requires the permission of the General Board to be sought to allow Examiners to be excused from their obligation to attend the final meeting of Examiners. This amendment will enable the General Board to continue to monitor attendance at such meetings, as part of its role in ensuring that academic standards are maintained.

10. The Council and the General Board recommend that the changes to Ordinance set out in Annex B be approved, to take effect on approval or such later date as determined by the General Board.

18 July 2024

18 July 2024

Annex A

Summary of the General Board’s existing authority to allow alternative arrangements for examinations to mitigate the impact on students of serious disruption

Under Statute A V 1 (Statutes and Ordinances, p. 7), the General Board is responsible for setting and maintaining the academic and educational policy of the University and for the management of the University’s academic and educational affairs. It is therefore inherent in the duties of the General Board that it must maintain academic standards.

The Statute also notes that the General Board has authority to make regulations about any matters within its responsibility. All regulations governing the arrangements for specific degrees and other awards are in General Board Regulations, set out in Chapter IV and Chapter VII of Ordinances. They are made or amended by the General Board (or the Education Committee or the Education Committee’s Academic Standards and Enhancement Committee under delegated authority) on publication of a Notice in the Reporter.

The Ordinances in Chapter III already give the General Board and certain officers the authority to take action in particular circumstances. The following table provides information on those actions.

Summary of action	Authority in Chapter III of Ordinances	Body/Officer with decision-making authority	Details
Release provisional marks to students and others	Regulations 2 and 4, Ordinance for the Disclosure of Examination Marks (Statutes and Ordinances, p. 258)	Council	Regulation 2 requires the Examiners for each of the examinations specified in Regulation 1 to ‘communicate to the Registrary and to Tutors or other designated College officers… for transmission to their pupils, the marks of their pupils and such other information as may be considered advisable; provided that, in the case of examinations leading to the degrees of M.B., B.Chir., and Vet.M.B., such communication shall be in accordance with the regulations for those degrees’ [emphasis added].   Regulation 4 allows marks and other information to be provided ‘in a statement of verification by the Registrary, on evidence supplied by the Examiners, to examining bodies external to the University, for the purpose of exemption from their examinations’
Allow the final meeting of Examiners to take place without all Examiners present	Regulation 1, Ordinance for the Approval of Class‑Lists (Statutes and Ordinances, p. 258)	General Board	Under the ‘Save in so far as the General Board shall allow otherwise’ clause, the Board has agreed to consider requests by the Chair of Examiners to excuse the attendance of a specified number of Examiners who will not be in attendance. In making such a request, the Chair of Examiners must be able to confirm that academic standards would be maintained notwithstanding the absence of these Examiners – that is that the remaining Examiners are confident that they can reach robust and reliable academic judgements and that the students to be classed must have a full set of marks. The External Examiner would be required to be present unless, exceptionally and based on circumstances outside the control of the External Examiner, permission for them not to attend has been granted under the Vice-Chancellor’s powers to excuse attendance for grave cause under the same regulation.
Class part of a cohort	Regulation 3, Ordinance for the Approval of Class‑Lists (Statutes and Ordinances, p. 258)	General Board	Where a minority of students in a cohort have marks missing for whatever reason, it is custom and practice that Examiners have the option to class those students for whom complete marks are available. In exercising their academic judgement whether it is reasonable to class some of the cohort, academic custom and practice for classing must be maintained to assure reliability of the results and thereby maintenance of academic standards. [Amendments to reflect and record the current practice are set out in the revised wording of Regulation 6 of the Ordinance for the Approval of Class-lists in Annex B.]
Appoint further Examiners, Assessors, and Deputy Chairs	Regulation 4, General Regulations for Examiners and Assessors (Statutes and Ordinances, p. 259)	Chair of Examiners	The Chair of Examiners may request appointment of additional Examiners if the Chair reasonably believes that additional Examiners are needed. The regulations allow for the appointment to be approved outside the normal schedule by the General Board or a delegate.

Annex B

Proposed changes to Ordinances

A. In the Ordinance for the Approval of Class‑Lists (Statutes and Ordinances, p. 258):

(a)In Regulation 1 by inserting the phrase ‘(either before or after the meeting in question)’ after the words ‘Save in so far as the General Board shall’.

(b)By replacing existing Regulations 3–6 with the following new Regulations 3–7:

3. At the final meeting of the Examiners held under Regulation 1(b), or at the meeting of the Chair and the Senior Examiners held under Regulation 2, the class-list, as finally approved, shall be signed by all those present. The duly signed class-list shall be sent without delay to the Registrary by the Chair of Examiners. That signed printed copy of the class-list, or if the Examiners’ agreement to sign is verified in another way, a printed copy subsequently signed by the Chair of Examiners, shall be preserved in the Registry as the authoritative list.

4. Where any Examiner fails to attend a meeting referred to in Regulation 1(a) or 1(b) without such absence being excused in advance by either the General Board or the Vice-Chancellor under Regulation 1, those present may, if they consider it appropriate to do so, proceed with the meeting, but the Chair of Examiners must immediately thereafter seek the General Board’s approval to the absence under Regulation 1.

5. In deciding whether to exercise its discretion under Regulation 1, the General Board must be satisfied that it is in the interests of students to do so and that academic standards have been and will be fully maintained. In determining whether academic standards have been (or will be) fully maintained, the General Board must have regard to whether there was or would be sufficient expertise among the Examiners who were or would be present at the meeting (and in doing so may consult with the Chair of Examiners).

6. Where the Chair of Examiners considers it necessary to protect the interests of students and is satisfied that academic standards will be maintained, any meeting referred to in this Ordinance may consider the marks of only some of the candidates for an examination, provided that for those candidates sufficient marks are available to enable a class to be awarded, with the marks of the remaining candidates for that examination to be considered at a separate meeting.

7. The General Board may, in circumstances other than those described in Regulation 3 of the Ordinance for Allowances to Candidates for Examinations and Regulation 1 of the Ordinance for the degree of Bachelor of Arts by Honours^[1], approve candidates for inclusion on a class-list for any examination under the heading ‘Declared to have deserved honours’ or on a list of successful candidates, at the request of the Chair of Examiners where the regulations for the course require this, provided that the Board is satisfied that to do so is in the interests of students and that academic standards continue to be maintained.

^[1] [Cross-references to the Ordinances to be added, Statutes and Ordinances, p. 249 and p. 438].

B. By inserting the following new regulations in Ordinance, and renumbering any remaining regulations:

(a)Regulation 6, Ordinance for the Dates of Examinations (Statutes and Ordinances, p. 254):

6. Notwithstanding the above regulations, the General Board may start any examination later than as prescribed, if the General Board considers it necessary to take this action to protect the interests of students and is satisfied that academic standards will be maintained.

(b)Regulation 19, Ordinance for the Entries and Lists of Candidates for Examinations (Statutes and Ordinances, p. 253):

19. Notwithstanding the above regulations or the Ordinance for the Dates of Examinations, the General Board may accept a list of candidates or a class-list or a list of candidates approved for a degree or other award later than the latest day or time prescribed, if the General Board considers it necessary to take this action to protect the interests of students and is satisfied that academic standards will be maintained.

Annex C

Terms of reference and membership of the task and finish group

Review of examination regulations post Marking and Assessment Boycott

In May 2023, the Regent House rejected the Council’s proposal for emergency powers to mitigate the impact of the Marking and Assessment Boycott (MAB) on students. Following this decision, the Chair of the Council notified the Office for Students (OfS) of a breach of condition of registration E2 (good governance). In that report, the Chair of the Council noted that the University would undertake a review of its exam regulations.

This paper sets out proposed composition of a Task and Finish Group to oversee this review together with proposed terms of reference for the work.

The overall aim of the review is to consider how examinations should be regulated whilst ensuring that academic standards are upheld, and student interests are protected. The review will be divided into two phases completed over different time scales.

Phase 1 will look specifically at what measures should be available in the event of major disruption to examinations, including in response to a marking and assessment boycott or strike action, with due regard to proposed emergency provisions for matters governed by Ordinance or Order as they are developed by the Governance and Compliance Division. Phase I will be completed by Lent Term 2024 for implementation in Easter Term 2024.

Phase 2 will be a wider review of Chapter III of Statutes and Ordinances on examination of taught programmes to determine whether regulations should remain as Ordinances subject to Regent House approval, or would more appropriately be located as regulations under control of the General Board; and to clarify and simplify regulations. Phase 2 has a proposed completion date of Michaelmas Term 2024, in preparation for implementation in Michaelmas Term 2025.

(1) Membership of the Task and Finish Group

Chair	Dr Pieter van Houten
Member of Council Business Committee	Dr Zoe Adams
A Senior Tutor from a College	Professor Tom Monie (Christ’s College)
Two members of the General Board’s Education Committee	Professor Richard Rex Dr Ella McPherson
Three academics with experience as a Chair of Examiners (to include a spread of subject areas and undergraduate and postgraduate examining)	Professor Mark Elliott (Law) Professor Harriet Allen (Geography) Professor James Keeler (Chemistry)
A representative from the Cambridge Students’ Union	Fergus Kirman
Head of Education Services	Alice Benton

In attendance:

Head of Education Quality and Policy Office	Jane Clare
University Draftsman	Ceri Benton
Head of Exam Operations and Mitigating Circumstances	Jenny Green

(2) Terms of Reference

Phase 1

(i)To consider what measures should be available in the event of major disruption to examinations, including in response to a marking and assessment boycott or strike action and how best these should be articulated and published;

(ii)To ensure that any proposals are aligned with the proposal on emergency provisions for matters governed by Ordinance or Order as it is developed by the Governance and Compliance Division.

Phase 2

(i)To consider whether some or all of the regulations should remain as Ordinances subject to Regent House approval, or would more appropriately be located as regulations under control of the General Board;

(ii)To consider if other wider reforms as part of the re‑writing of Chapter III would be advantageous including devolving responsibility for the appointment of examiners to Faculty Boards and Degree Committees;

(iii)To consider simplification and clarification of Ordinances in Chapter III, including whether some operational details should be removed and published in a different way;

(iv)To review regulations in the light of experience gained during the course of the marking and assessment boycott to ensure that regulations are clear. In particular, to achieve clarity around appointment of examiners, approval and signing of class lists, requirements for attendance at meetings, and arrangements in the case of examiners being unable to attend;

(v)To consider what additional advice and guidance should be issued to Faculty Boards and Degree Committees, and to Chairs/Senior Examiners on roles and responsibilities.

Annex D

Changes to General Board Regulations

The General Board has approved the following new regulations, to take effect from the same date as the changes set out in the Report unless the General Board determines otherwise.

(a)By inserting the following new regulation in Chapter VII:

GENERAL REGULATION FOR POSTGRADUATE TAUGHT COURSES

Notwithstanding the regulations in this Chapter governing examinations, the General Board may grant permission for examinations to be scheduled after the end of a programme or on dates later than those previously agreed, if the General Board considers that those examinations could not otherwise be delivered and it is necessary to take this action to protect the interests of students, provided that the General Board is satisfied that academic standards will be maintained.

(b)By inserting new Regulation 30 at the end of the Regulations for the degrees of Bachelor of Medicine and Bachelor of Surgery (Statutes and Ordinances, p. 470), to read as follows:

30. Notwithstanding the above regulations, the General Board may grant permission for examinations to be scheduled later than the timetable published in accordance with Regulations 11 and 15, if the General Board considers that those examinations could not otherwise be delivered and it is necessary to take this action to protect the interests of students, provided that the General Board is satisfied that academic standards will be maintained.

(c)By amending Regulation 16 and inserting new Regulation 19 at the end of the General Regulations for the degree of Master of Philosophy by Advanced Study (Statutes and Ordinances, p. 504), to read as follows:

16. Save in so far as the General Board shall allow otherwise, every Examiner who has taken part in the examination shall be present, unless prevented by grave cause approved before the meeting by the Vice-Chancellor, at the final meeting of the Examiners at which the marks of candidates are approved and a provisional pass-list signed.

19. Notwithstanding the above regulations, the General Board may grant permission for examinations to be scheduled after the end of the programme, if the General Board considers that those examinations could not otherwise be delivered and it is necessary to take this action to protect the interests of students, provided that the General Board is satisfied that academic standards will be maintained.

(d)By inserting new Regulation 14 at the end of the General Regulations for the degree of Master of Research (Statutes and Ordinances, p. 541), to read as follows:

14. Notwithstanding the above regulations, the General Board may grant permission for examinations to be scheduled after the end of the programme, if the General Board considers that those examinations could not otherwise be delivered and it is necessary to take this action to protect the interests of students, provided that the General Board is satisfied that academic standards will be maintained.

(e)By inserting new Regulation 25 at the end of the Regulations for the degree of Bachelor of Veterinary Medicine (Statutes and Ordinances, p. 564), to read as follows:

25. Notwithstanding the above regulations, the General Board may grant permission for examinations to be scheduled later than the dates determined in accordance with Regulations 8 and 13, if the General Board considers that those examinations could not otherwise be delivered and it is necessary to take this action to protect the interests of students, provided that the General Board is satisfied that academic standards will be maintained.