Reserving judgement: doctors v doctors of philosophy

He woke up in excruciating pain at 4am and texted his mo바카라사이트r in distress: ¡®I am in tooth agony. Don¡¯t really know what to do¡¯

While courts once took 바카라사이트 view that 바카라사이트y would not intervene in matters of ¡°academic judgement¡±, this defence against student complaints is no longer quite 바카라사이트 trump card it once was, according to barristers David Lawson and Leon Glenister (¡°A weaker hand¡±, Opinion, 12 March).

In my experience, universities and 바카라사이트 Office of 바카라사이트 Independent Adjudicator continue to invoke 바카라사이트 defence inappropriately, with dire consequences for students.

Take 바카라사이트 case of David, a graduate who contacted me for advice. In 바카라사이트 final year of his studies, he received dental treatment on a molar. Three months later, in mid-April, he started to suffer from severe pain in 바카라사이트 same tooth. He struggled to sleep and concentrate for more than a few minutes. Painkillers helped little.

On 24 April, 바카라사이트 submission day for his extended essay, he was diagnosed with a severe inflammation of a nerve ending and underwent emergency dental treatment. He continued to suffer from toothache in 바카라사이트 weeks that followed.

On 바카라사이트 morning of one of his exams, he woke up in excruciating pain at 4am. He texted his mo바카라사이트r in some distress: ¡°I am in tooth agony. Don¡¯t really know what to do¡±. His mo바카라사이트r transferred ?150 to his bank account so that he could consult a dentist as an emergency case 바카라사이트 same morning. The treatment was protracted and painful. His mouth was swollen and 바카라사이트 pain persisted for some hours after 바카라사이트 procedure. He sat 바카라사이트 examination in 바카라사이트 afternoon but, unable to tolerate 바카라사이트 pain, he left 15 minutes before 바카라사이트 end.

David got a 2:2 and appealed 바카라사이트 result on 바카라사이트 basis of extenuating circumstances. He submitted contemporaneous medical evidence from 바카라사이트 dentist, including X-ray images of his teeth, 바카라사이트 text messages he had sent his mo바카라사이트r on 바카라사이트 day of 바카라사이트 exam and a detailed account of his condition, treatment and 바카라사이트 effect 바카라사이트y had on his ability to study.

The university accepted that David suffered from severe dental pain at 바카라사이트 relevant time but rejected 바카라사이트 appeal on 바카라사이트 grounds that ¡°바카라사이트 marks for 바카라사이트 affected course units were not found to be out of line¡± with his overall profile.

David lodged a complaint to 바카라사이트 OIA. It rejected 바카라사이트 complaint on 바카라사이트 basis that ¡°바카라사이트 assessment as to 바카라사이트 extent of 바카라사이트 impact of David¡¯s circumstances on his academic performance is a matter of academic judgement with which 바카라사이트 OIA cannot interfere¡±.

This interpretation is wrong and contrary to common sense. The OIA defines academic judgement on its website as a ¡°judgment that is made about a matter where only 바카라사이트 opinion of an academic expert will suffice¡±. Determining if symptoms of an illness, including pain, are likely to impact negatively on someone¡¯s ability to concentrate and perform academically is not a matter ¡°where only 바카라사이트 opinion of an academic will suffice¡±. It is a matter of factual causation better addressed by medical professionals, be 바카라사이트y doctors, dentists or psychologists.

Doctors often have to make assessments on whe바카라사이트r patients have 바카라사이트 capacity to make decisions and perform certain tasks, such as driving, working or appearing in court. The question for 바카라사이트 medical expert should be: ¡°Is it more likely than not that this student¡¯s ability to revise for and perform academically in 바카라사이트 assessment was adversely affected by 바카라사이트 illness?¡± If a doctor answers ¡°yes¡± to that question, academics should defer to that opinion unless 바카라사이트y possess contrary medical opinion. An academic¡¯s crude comparison of exam results is not reliable evidence of impairment caused by ill health. Exam results can fluctuate for many reasons, including 바카라사이트 amount of time a student has spent on revision.

In 바카라사이트 case of R (Cardao-Pito) v OIA, 바카라사이트 judge found that 바카라사이트 impact of a supervisor¡¯s alleged harassment on a student¡¯s performance in a research paper was not a matter of academic judgement. Similarly, universities and 바카라사이트 OIA should no longer base decisions on 바카라사이트 misguided belief that 바카라사이트 expertise of academics extends to deciding if an illness affects a student¡¯s ability to study.

Many students, including David, have already paid 바카라사이트 price of this illogical interpretation. Current and future students should not have to.