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Category: Grading and Marking

Student challenges to degree classification, and examiners’ academic freedom

22 September, 201017 September, 2020
| 9 Comments
| Academic Freedom, Academic judgment, Andrew Croskery, Contract, Grading and Marking, Litigation, Universities

NI Science ParkSome time ago, I blogged about the question of whether a low mark is a breach of contract. A little while ago, in a gallimaufry (omnibus) post, I briefly returned to this issue. The context was a US case, Keefe v New York Law School (17 November 2009) [update: 25 Misc 3d 1228(A) (2009) aff’d 71 AD3d 569 (2010)], but now it seems that the issue has arisen rather closer to home. Yesterday’s Irish Times tells the story:

Graduate takes university to court over degree results

A Queen’s University [Belfast] graduate yesterday launched a High Court challenge to his degree classification. In one of the first cases of its kind, Andrew Croskery has brought judicial review proceedings over his lower second-class honours classification.

Mr Croskery, from Co Down, claims if he had received better supervision he would have instead obtained an upper second-class in his electrical engineering degree.

Read more here.

There is similar coverage on the BBC and UTV; in the Belfast Telegraph, Cherwell, the Guardian (also here, on the Human Rights in Ireland blog), and the Mirror; and commentary on the Cantakerous, Gullibility, and Learning Architecture blogs.…

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The secrets of marking

1 September, 201021 September, 2010
| 2 Comments
| Grading and Marking

Now that we are well and truly into the repeat exam season, here’s a video via hEaDspace (also on Legal Blog Watch), giving away the secrets of marking:

If you liked this, have a look at my earlier posts on the same subject.

There’s also a serious post by Mary Beard on A Don’s Life, which is well worth reading. Extracts:

… In my experience, we do this as well as is humanly possible within the constraints of the system — and it is time-consuming. … The key is to have principles and criteria, not rules. … .

Finally, happy grading, but please don’t use red ink!…

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Is a low mark a breach of contract?

22 November, 200917 September, 2020
| 3 Comments
| Academic judgment, Contract, Grading and Marking, Legal Education, Litigation, Universities

NYU Law plaqueFor a low grade to be a breach of contract, there must first be a contract, and courts are slow to find the existence of such a contract, in part because they are reluctant to get involved in grading disputes. Thus, for example, in Keefe v New York Law School (17 November 2009) (hat tips: ContractsProf Blog | Adjunct Law Prof Blog; update: 25 Misc 3d 1228(A) (2009) aff’d 71 AD3d 569 (2010)) York J held that general statements of policy in a school’s bulletins, circulars, catalogues, handbooks and website are not sufficient to create a contract between a student and law school; rather, only specific promises that are material to the student’s relationship with the school can establish the existence of a contract. (Compare and contrast the decision of Murphy J in Tansey v College of Occupational Therapists Ltd [1986] IEHC 2, [1995] 2 ILRM 601 (27 August 1986)). York J provided an important policy justification for this approach:

As a general rule, judicial review of grading disputes would inappropriately involve the courts in the very core of academic and educational decision making. Moreover, to so involve the courts in assessing the propriety of particular grades would promote litigation by countless unsuccessful students and thus undermine the credibility of the academic determinations of educational institutions.

…

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Who will examine the examiners?

11 August, 20094 April, 2012
| 3 Comments
| Grading and Marking, Juvenal, Universities

'Silence. Exams in Progress' via BBC.Marking exams, grading papers, and evaluating assessments are the bane of academics’ lives (even worse, in my view, than the ever multiplying waves of administrative paperwork that seem to be taking over the university). During the early summer annual exam marking season, Mary Beard and Ferdinand von Prondzynski had some interesting observations about the process; now, just in time for the late summer repeat exam marking season, Peter Black enters the fray; and all of their observations remind me of the classic guide to grading exams which I commend to all hard-pressed examiners out there. …

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How to mark exams

9 May, 20073 August, 2010
| 5 Comments
| Grading and Marking, Universities

From Concurring Opinions (hat tip: TechnoLlama):

It’s that time of year again. Students have taken their finals, and now it is time to grade them. It is something professors have been looking forward to all semester. Exactness in grading is a well-honed skill, taking considerable expertise and years of practice to master. The purpose of this post is to serve as a guide to young professors about how to perfect their grading skills and as a way for students to learn the mysterious science of how their grades are determined.

Grading begins with the stack of exams, shown in Figure 1 below.

Exam-Grade-1a.jpg












The next step is to use the most precise grading method possible. There never is 100% accuracy in grading essay exams, as subjective elements can never be eradicated from the process. Numerous methods have been proposed throughout history, but there is one method that has clearly been proven superior to the others. See Figure 2 below.

Exam-Grade-10a.jpg















Continue reading Dan Solove’s hilarious post on Concurring Opinions. (Thanks Dan for explaining and updating this time-honoured marking system, and Andres for bringing it my attention). Now that I know what to do, I can’t wait for this summer’s scripts ……

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