Wine Enthusiast Academy Approved Programme Provider (APP) Policies

Complaints and Appeals

Wine Enthusiast (WE) aims to make its policies on complaints and appeals as transparent and user-friendly as possible. Please find the process summary below:

Complaints Policy

WE aim to provide a consistently excellent level of service to students. While every care is taken to ensure high quality standards, there may be occasions where we fall short. Where this is the case, we would like the opportunity to improve our service by listening and responding, taking whatever action is needed to put mistakes right and to prevent them from happening again.

Policy aim and purpose

This policy provides a clear and structured process which highlights who can make a complaint (the complainant), how they can make a complaint and what WE will do to seek a resolution to the complainant’s satisfaction. Wine Enthusiast (WE) aims to make its policies on complaints and appeals as transparent and user-friendly as possible.

• Making a complaint is as easy as possible
• An appropriate response is provided e.g. an explanation, apology or action taken
• Complaints are properly documented and reviewed to improve service

Definition of a complaint

A complaint is an expression of dissatisfaction about the standard of service, actions or lack of action by WE, a member of its staff or a representative, affecting a stakeholder or group of stakeholders, especially WE students/candidates.

Dissatisfaction may be associated with the service provided or with the way an individual perceives to have been treated by a WE member of staff or representative, which may or may not be justified or associated with professional misconduct.

Who can make a complaint?

Complaints can be made by an individual stakeholder or group of stakeholders who have been adversely affected by or have witnessed, the cause of dissatisfaction, or someone acting on behalf of the affected stakeholder (referred to as third parties).

Third parties submitting a complaint on behalf of the complainant may only do so with written permission to represent the complainant and their interests. This must be presented to and accepted by WE.

Students/candidates wishing to raise dissatisfaction about services provided by WE as an Approved Program Provider must address their concern directly with WE. Only when WE’s full complaints procedure has been followed and the complainant continues to remain dissatisfied with the outcome should they contact WSET Awards.

Anonymous complaints

Receiving a complaint from an unidentified source potentially limits WE’s power to effectively investigate that complaint. However, if an anonymous complaint is received, WE will consider if there is enough information in the complaint to enable further investigation.

How to Make a Complaint

Informal Process

The informal approach aims to resolve the concern quickly, keeps matters low key and enables mediation between the complainant and the individual to whom the complaint has been directed.

Therefore the complainant should contact the Course Educator for an informal discussion, in response to which we will aim to resolve the concern by providing an explanation, apology or another desirable outcome.

If a concern cannot be satisfactorily resolved informally, the formal complaints procedure should be followed. It might be necessary to provide further information to ensure the complaint is fully understood, thoroughly investigated and allow for a comprehensive response to be provided.

Formal process

Stage 1

Formal complaints are submitted in writing and marked for the attention of Marshall Tilden III, at mtilden@wineenthusiast.net who will be responsible for the initial investigation. When submitting a complaint, the complainant must provide the following:

• Name, address and contact information
• Full details of the complaint i.e. the cause of dissatisfaction with operations, actions or behavior
• All supporting information i.e. relevant documentation, dates, locations, any witnesses
• Details of any previous attempts to resolve the identified dissatisfaction
• What action or response they seek to resolve the dissatisfaction.

A response, including an explanation and resolution, will be provided within 20 working days of the case being assigned (i.e. the date of the initial acknowledgement). However, where the complainant wishes his/her name to be withheld from an investigation, WE will not be able to provide information on the outcome other than to inform the complainant that the investigation has been completed. In some cases (such as especially complex or serious complaints), the investigation may take longer and in such instances, the complainant will be notified of the revised timescale.

Stage 2

Following Stage 1, if a complaint remains unresolved, the complainant should notify the Chief Financial Officer (Kimberly Hoyt at khoyt@wineenthusiast.net in writing that he/she wishes to pursue the complaint to the next stage. Acknowledgment of further investigation will be provided to the complainant in writing within 3 working days, and the complainant will be notified of the individual responsible for the investigation. WE will log the further complaint.

If the complainant is still not satified, they can submit the complaint to Quality Assurance at QA@wsetglobal.com.

Conflict of Interest

As an APP, WE is required to identify to WSET and assist in managing or monitoring actual, potential and perceived conflicts of interest (‘Conflicts of Interest’) involving both APP staff and students. This policy complements WSET’s conflicts of interest policy and works to safeguard the integrity of WSET qualifications and promote confidence in WSET and WE processes and procedures.

This policy applies to all WE staff and students and to any individual acting on behalf of WE
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A Conflict of Interest exists where an individual has interests or loyalties that could adversely influence their judgment, objectivity, or loyalty to WSET or WE when conducting activities associated with WSET qualifications.

Examples of Conflicts of Interest include but are not limited to:

• The undertaking of any assessment of candidates by an individual who has a personal interest in the result of the assessment for any or all individuals concerned;
• The undertaking of any moderation of assessment of candidates by an individual who has a personal interest in the result of the assessment for any or all individuals concerned;
• The tutoring of candidates by an individual involved in the assessment process;
• The undertaking of a WSET qualification by any individual employed by WE;
• The proctoring of a WSET assessment by any individual involved in the delivery of training leading to the assessment;
• The coaching of candidates by any individual involved in the assessment of candidate scripts or the authoring of examination questions;
• The employment by an APP of individuals engaged in the delivery of taught programs or in the role of Internal Assessor in another APP;
• The investigation of a non-compliance incident by someone who is unable to act impartially.

Identification of Conflicts of Interest

Some of these Conflicts of Interest are manageable and therefore acceptable. For example, if a family member of one of WE’s educators or APP staff takes a qualification and exam through WE, or when an employee of WE, or of the WSET, takes a WSET qualification through WE, we can notify WSET in advance and work with them to put in place measures to maintain the integrity of the exam.

Some Conflicts of Interest are not manageable and are not acceptable. For example, no mitigation efforts overcome the conflict created when an individual when a single individual serves as the educator and exam officer of an exam for a family member where an external invigilator is not available.

Any staff member or student of WE who becomes aware of a Conflict of Interest must inform Marshall Tilden (mtilden@wineenthusiast.net) as soon as possible. Marshall Tilden will inform the WSET of the possible conflict of interest and will work with WSET to put any protective or mitigating measures in place to manage the conflict on a case-by-case basis. If WSET and Marshall Tilden determine the conflict is not manageable, Marshall Tildern will inform any impacted APP staff or students.

Please note that the failure to declare a conflict of interest may have consequences for the student or WE because we are required to report conflicts to WSET.

Diversity and Equality

WE is committed to upholding the principles of diversity and equality in all areas of its work, ensuring that all candidates and other stakeholders are always treated fairly and equally. This policy applies to all WE staff and to any individual acting on behalf of WE.

WE ensures equality of opportunity for candidates by:

• Promoting open access to WSET qualifications (having regard to the legal minimum age for the retail purchase of alcohol and assessment competence standards);
• Ensuring that the format for delivery and examination of all WSET qualifications do not discriminate unlawfully against anyone on the grounds of disability, age, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation (having regard to the legal minimum age for the retail purchase of alcohol and assessment competence standards);
• Allowing candidates with special educational needs, disabilities or temporary injuries to access WSET assessments without changing the demands of the assessment in line with our Reasonable Adjustment and Special Consideration policies;
• Collating and monitoring data on candidate age, gender, ethnicity and access arrangements, which are reportable in a non-attributable format;
• Inviting feedback on diversity issues from staff, candidates and other stakeholders;
• Working with relevant organizations as appropriate to develop measures to identify and prevent inequality of opportunity; and
• Reviewing this policy regularly to ensure it continues to meet legislative and organizational requirements and is fit for purpose.

Staff, candidates and other stakeholders who believe they may have been unfairly discriminated against should raise this with WE.

Please contact Nominate Educator, Marshall Tilden (mtilden@wineenthusiast.net) with any questions or concerns.

Reasonable Adjustments

Both WSET and WE want to make WSET assessments accessible for all students, so none are at an advantage or disadvantage based on a disability or differing ability. This policy and the reasonable adjustment process allows us WE to work with you, our student, before an assessment to gather the information we need to submit a request to WSET and work with them to make arrangements that give students access to WSET qualifications.

A reasonable adjustment is any accommodation or arrangement that helps to reduce the effect of a known disability or difficulty that substantially disadvantages a student’s assessment. Using a reasonable adjustment does not impact how WSET grades your exam, or your result, but WSET cannot agree to reasonable adjustments where your particular difficulty directly affects performance necessary to complete the assessment outcomes (e.g. inability to smell or taste for a Level 3 Exam). The goal of a reasonable adjustment is to give you equal access to a WSET qualification, not to give unfair advantages over other students who take an assessment without the same adjustment, or to affect the overall reliability of the assessment outcomes that are explained in the course specification.

Reasonable adjustments may involve:

• Changing standard assessment arrangements, for example allowing candidates extra time to complete the assessment activity;
• Adapting assessment materials, such as providing materials in large text format;
• Providing access facilitators during assessment, such as a sign language interpreter or reader;
• Re-organizing the assessment room, such as removal of visual stimuli for an autistic candidate.

Applying for a reasonable adjustment

WE will gather the information we need from you to submit a Reasonable Adjustment Application form to WSET. WSET must approve and arrange reasonable adjustments before the assessment activity takes place. Before completing enrolment with WE, we will give all students access to this policy and the chance to identify any special needs that could require a reasonable adjustment. If a student identifies a special need, WE will give the student the Reasonable Adjustment Application form as soon as possible and work with the student to gather the necessary information.

For any student seeking a reasonable adjustment, please contact Marshall Tilden (mtilden@wineenthusiast.net with:
• Your full name;
• contact information;
• description of the special need, disability or differing ability that requires an adjustment; and
• supporting documentation.

You must submit this information at least 30 days before the exam date for Levels 1-2 qualifications. The information you submit will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy.

WE will keep records of all reasonable adjustment applications.

Special Consideration

Special consideration is any adjustment given to a student who has temporarily experienced an illness or injury, or other event outside of their control at the time of the exam that significantly affects their ability to take the exam or their ability to show their knowledge and understanding in the assessment. Special consideration is only for things that happen immediately before or during an exam that have a material impact on your, the student’s, ability to take the exam or on your performance. To be eligible for special consideration, you must have completed the whole course and would have been fully prepared if not for the temporary illness, injury or other uncontrollable event. A special consideration may be for an individual (e.g. a student becomes ill the day of the exam) or a group of students (e.g. an exam is interrupted by a natural disaster).

You may be eligible for special consideration if:
• Your performance on the exam is adversely affected by an event outside of your control. This may include temporary illness, temporary injury, bereavement or exam room conditions;
• Reasonable adjustments which were agreed in advance of the exam proved inappropriate or inadequate;
• The application of special consideration would not make

Applying for Special Consideration

If you have taken an exam, or your exam is immediately approaching, and you feel that you have a temporary injury or illness, or another uncontrollable event that has interfered with your ability to complete your exam, please contact Marshall Tilden (mtilden@wineenthusiast.net) as soon as possible. WE will provide you with a Special Consideration Application Form, which must be completed and returned with supporting documentation within 3 days after the affected exam. The information you submit will be shared with WSET and will be handled under WSET’s Privacy and Data Protection Policy.

If there has been serious disruption during an exam affecting a group of students, WE will submit a detailed report of the circumstances and candidates affected to WSET to request a special consideration.

WE will keep records of all applications for special consideration.

Malpractice and Maladministration

Both WE and WSET have policies and procedures in place to protect WSET students and safeguard the integrity of WSET qualifications. WE ensures compliance with WE and WSET’s policies through this Malpractice and Maladministration Policy, which gives a framework for both us and you to identify, report and manage potential malpractice or maladministration.

Non-compliance with WE or WSET Policies and Procedures can fall into two distinct, but related, categories:

1. Maladministration, where the non-compliance is generally unintentional, or the result of mistakes, carelessness, inexperience or poor processes; and
2. Malpractice where the non-compliance is intentional or the result of a negligent or reckless action without consideration of the consequences of the action.

Context is important and the line between maladministration or malpractice is not always clear: for example, maladministration incidents may become malpractice (e.g. if you fail to implement corrective measures, repeat the same or similar incident, or attempt to misrepresent or hide information during an investigation); or there may be mitigating factors that turn potential malpractice into maladministration. Though malpractice and maladministration are distinct concepts, they can shade into one another. Malpractice and maladministration are always case, context and fact specific. Both APPs and students can commit malpractice and maladministration.

There are many ways that malpractice or maladministration could occur, including new ways we have not seen yet. But some examples of malpractice or maladministration include:

For APPs:

-Failure to adhere to WSET Policies and Procedures;
– Failure to follow WSET requirements for course delivery or exam regulations;
-Failure to follow WSET’s candidate registration and certification procedures;
– Late student registrations;
– Fraudulent claim for certificates/fraudulent use of certificates/reproduction or forgery of certificates;
– Withholding critical information from WSET quality assurance;
-Insecure storage of exam materials

For Students:

-Cheating, or facilitating cheating, including the use of unauthorized devices or materials;
-Plagiarism of any nature by students;
-Impersonation (including forgery of signatures);
-Unauthorized reading/amendment/copying/distribution of exam papers;
-Any action likely to lead to an adverse effect;
-Breach of confidentiality.

In general, we also expect that both WE staff and our students should treat others and be treated professionally and respectfully at all times. We will treat inappropriate behavior including verbal or physical abuse, persistent or unrealistic demands, or threats that cause stress to staff as misconduct and may report student misconduct to WSET as necessary.

Reporting and Investigation of Malpractice or Maladministration

As an APP, we aim to ensure compliance with WSET Policies and WE policies and will keep records of potential or actual malpractice or maladministration by you, our students, or our staff.

We are required to notify WSET immediately of any non-compliance issues that could be malpractice or maladministration so that WSET can investigate the non-compliance under their own Malpractice and Maladministration Policy.

We ask that you also raise any concerns or non-compliance issues that may be malpractice or maladministration with WE as soon as possible by following the process outlined in our Complaints policy.

During WSET’s investigation, they may reach out to WE or to you directly to request further information or conduct an interview. Please respond to any requests promptly and honestly.

Managing Non-Compliance

If WSET identifies malpractice or maladministration, they will consider its impact and may apply sanctions. WSET will take all reasonable steps to ensure the sanctions do not disadvantage uninvolved students affected by malpractice or maladministration. However, in some cases, they may need to disallow or withhold results and/or certificates.

WSET will consider all relevant information on a case-by-case basis, balancing the facts with potential or actual effects, and against the seriousness of the sanctions against those effects. WSET records all malpractice and maladministration incidents for both APPs and students. If WSET determines that a student has committed malpractice or maladministration, they may apply one or any of the following sanctions:

-Written Warning
The student is issued with a written warning that if the offence is repeated within a set period of time then further specified sanctions will be applied.

-Exam Result Declared Null and Void
A student’s exam result is disallowed. This may include invalidation and recall of a certificate already issued.

-Disqualification from a Qualification
The student is disqualified from participating in the concerned qualification with immediate effect and further excluded from participating in any further WSET qualifications for a period of 12 months. This includes access to WSET materials.

-Student Disqualification
The learner is disqualified from participating in any courses or assessments leading to WSET qualifications. This includes access to WSET materials.

-Disqualification from use of WSET certified logos and postnominals
Actions bringing WSET into disrepute may result in the student or graduate being barred from use of WSET postnominals and WSET certified logos.

If you wish to appeal penalties or sanctions WSET has imposed due to Malpractice or Maladministration, please follow the procedures laid out in WSET’s Complaints Policy.

Cancellations and Refunds

Cancellation and 100% refunds are allowed 2 weeks prior to the course commencement date. After this point in time, tuitions become nonrefundable. Requests should be submitted by email to WSET@wineenthusiast.net.

Wine Enthusiast Academy does not refund missed classes. Full refunds will be given in the event of low registrations.