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“It equals the playing field” : Student reflections on introducing optionality as an accessible and inclusive assessment practice

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Dr Jo Wilson

Royalty Free Examination Stock Photos | rawpixel

Introduction

Optionality in assessment has recently come under the spotlight, with the QAA highlighting the need for Higher Education to develop more inclusive, accessible, and flexible assessment choices. In response to this, the University of Manchester recently led on a QAA funded project which gathered insights from over 1200 academic and professional services staff and students across a number of UK Higher Education institutions regarding the expectations and challenges of providing flexible assessment. In their final report, published on 31 October 2023, they set out the key findings and themes that emerged from that research, and make a series of recommendations to the sector (Firth et al 2023). In this article I will consider some of those findings and recommendations in the context of my own experiences of, and student reflections on, the introduction of optionality in a final year law module at the University of Sussex.

What is optionality in assessment?

Waterfield and West (2006) define inclusive assessment practice as “a flexible range of assessment modes made available to all, capable of assessing the same learning outcomes in different ways.” Adopting a slightly broader approach, Firth et al (2023) define optionality in their report as giving “some level of control over student decision-making about when, how, and in what format they submit assessments, and whether this is individual or collaborative.” As such, this flexibility could relate to, for example, the subject-matter, mode, word length, weighting, and timing of the assessment, or whether it is an individual or group effort (see, e.g. Wanner et al 2021; O’Neill 2017).

Introducing student choice in Advanced Contract Law in Practice

Advanced Contract Law in Practice is a 15 credit, final year optional module which I convene at the University of Sussex. This module, which ran for the first time in the 22/23 academic year, is broadly split into two parts; drafting commercial contracts, and interpreting commercial contracts. The assessment in question relates to the former topic.

In terms of the assessment brief, students take on the role of a Trainee Solicitor and they are asked to produce, for the purposes of their employers annual research seminar, either a poster presentation, or a pre-recorded oral-presentation on a commercial contract clause/phrase of their choice. Below are the instructions students receive:

You are a Trainee Solicitor at Carlill & Partridge LLP. Your firm is hosting its annual research seminar, the theme of which this year is ‘Drafting Commercial Contracts’. You have been asked to pick any legal/commercial/boiler plate clause/phrase that features in commercial contracts and produce EITHER a poster presentation, OR a 10-minute pre-recorded oral presentation with accompanying visuals. Your presentation should cover: What the clause/phrase is; The function of the clause/phrase; How such clause/phrase should be drafted/written; (If applicable) relevant litigation relating to drafting issues of the clause/phrase; Critique of the commercial/legal issues raised by the clause/phrase References

I designed the assessment in this way for two reasons. First, I wanted the assessment to be authentic, so that students could develop skills that will benefit them in their lives beyond university (McArthur 2023), including their ability to be creative, to present information clearly and succinctly, and to deliver their ideas orally. By giving the students a role to play, and by giving the assessment an authentic purpose, I found that students were much more engaged in the learning process, because they were able to apply their knowledge in a meaningful way to a real-world context (Mueller 2005).

Second, and most importantly, I wanted to embed an element of student choice, both in terms of subject matter and mode of assessment. I chose these particular aspects of flexibility because I wanted to maximise engagement, and give students the opportunity to tailor the assessment to their strengths as a learner (O’Neill 2011). These benefits are also recognised in Firth et al’s (2023) report, which highlights greater inclusivity, supporting diverse learning styles, and enhancing the student learning experience as some of the positive traits of student choice in assessment (p2).

Reflections

At the end of the Spring term in 2023 I invited students on the module to complete a short survey on their experiences and perceptions of optionality in assessment practice. Of the 40 students enrolled on the module 23 completed the survey. In terms of results, 100% of the participants agreed or strongly agreed that optionality creates a more inclusive learning environment and, interestingly, 100% also agreed or strongly agreed that optionality makes a final year module more attractive. To gain a deeper insight into these perspectives, I then asked students to comment first on the benefits of optionality, and then on the potential drawbacks. The discussion that follows will analyse this data in the context of some of the findings and recommendations of Firth et al’s (2023) report, focusing first on two key benefits, and then on two key drawbacks and the steps I have taken to mitigate them.

Benefits of optionality

Inclusivity was one of the key themes to emerge from Firth et al’s (2023) study in relation to the benefits of optionality. Both staff and students agreed that assessment optionality could enhance inclusivity, though it was important that students could access the relevant resources, and be supported in the development of the skills necessary to complete the different assessment formats (p17). Accordingly, Firth et al (2023) recommended that:

“Educational institutions should prioritise the introduction of diverse assessment formats to explicitly address accessibility and concerns about fairness, ensuring access to necessary resources and skills development to prevent the unintentional widening of awarding gaps.” (p17)

Unsurprisingly, inclusivity was most commonly cited by the students completing my end of module survey as the key benefit of optionality, with many of the sentiments from Firth et al’s (2023) report mirrored. Students recognised that they have diverse learning styles, with different strengths and weaknesses, and allowing student choice in assessment levelled the playing field, in the sense that it gave them the opportunity to pick an assessment mode or subject matter that played to their strengths. One student summarised the benefits of student choice well, stating that:

“It does not limit students. Everyone (especially those with learning disabilities like myself) has different strengths and ways of learning. Through optionality, everyone is given the chance of success when they might have previously been limited. It equals the playing field.”

These notions of inclusivity and fairness, I argue, are the key driving forces behind the adoption of optionality in assessment; we must give our students the opportunity to demonstrate the knowledge and skills they have gained in a way that makes sense to them as a unique learner.

Another key theme to emerge from Firth et al’s (2023) study in terms of the benefits of optionality, and something that is inherently linked to inclusivity, is the impact of choice on student outcomes. In their study, students argued that by allowing them to select an assessment method that aligns with their backgrounds, abilities and skills, they are able to tailor their learning experience and potentially improve their academic performance (p18).

In my own survey, many students made the same connection between choice and improved student outcomes. One student commented that “People do better in different types of assessments so they are more likely to get higher grades in an assessment type that they prefer” and another argued that it “Allows individuals the opportunity to attempt the assessment mode they feel most comfortable with, which consequently could help them to achieve the best grade possible.”

Interestingly, one student stated that optionality “Means we can play to our strengths and lets people with other skills (such as creativity) succeed.” This is really poignant, and demonstrates the importance of giving students the opportunity to be assessed in non-traditional ways.  

As a word of caution, Firth et al (2023) found that academic staff were concerned that students might consistently opt for assessments they felt more comfortable doing, and potentially miss out on valuable learning experiences and skills development (p20). I agree with this concern and think it highlights the need for conversations and planning around assessment choices to be taken at year or course level. This will ensure a holistic approach where students have the opportunity to explore and develop a range of skills across their modules.

Drawbacks of optionality

One of the key concerns demonstrated in both Firth et al’s (2023) study, and my own survey, related to perceptions of fairness between different types of assessment. Firth et al (2023) reported that students thought assessment methods should be fair, and that no method should be punitive or disadvantageous. From an academic perspective, concerns were raised regarding the perceived differences in the difficulty of various assessment types, and the need to maintain trust in the assessment process (p18).

Similar views were demonstrated by the students completing my survey, many of which focused on the potential inequity across different modes of assessment, and the role of the teacher in ensuring a consistent approach to marking. One student commented that it is “Difficult to assess both modes in the same way”, while another was concerned that students might be “marked to different standards…if one option was easier than the other.” Similarly one student argued that optionality “requires the professor to be extremely aware of how to even out the playing field between the two assessments so that marking is equivalent across the board.” Finally, another student responded that “The assessment modes may vary in difficulty which might make the module a bit more unfair than if there was only one mode of assessment.”

At first glance, these responses are concerning, and could serve to undermine the core aim of optionality which is to create a fair and inclusive assessment environment. However, the anecdotal evidence from my own module, is that students have very differing views on which assessment modes are more difficult than others. Many students commented that the poster presentation was the easier option, whereas others argued the same to be true of the oral presentation. This observation feeds usefully into the narrative regarding the diverse skills, experiences and capabilities of our students, and therefore, I argue, actually reaffirms the importance of optionality in giving students the opportunity to play to their individual strengths.

The other key concern raised by students related to feeling confused and overwhelmed by the options. The burden of choice was discussed in Firth et al’s (2023) literature review, though it did not emerge as a key theme in their final report, which is interesting, given that many students commented on this as a concern in my survey. For example, one student commented that “Students may feel overwhelmed with the choice they have to make”, and another commented that “It may be difficult and sometimes overwhelming to decide what to choose.” This reflects the findings of Brown et al (2020) who highlight that some students can find greater choice time consuming, overwhelming and challenging.

In response to both of these drawbacks, it is imperative that 1) marking criteria is tailored and clear, and 2) students are fully supported in making their assessment choices.

Regarding the marking criteria, Firth et al (2023) recommend that:

“When offering students the option to choose their assessment format, academics should prioritise transparency and consistency. This means creating and communicating well-defined grading criteria that align with learning outcomes. This approach ensures that students will have a clear grasp of expectations and how their work will be assessed.”

I agree that transparency in relation to the marking criteria, and how it will apply to the different modes of assessment, is key. For my module, I have created a set of bespoke marking criteria for each assessment mode – the poster presentation, and the oral presentation – so that there is transparency, and clarity, regarding how their assessments are marked. To accompany this, I created two visuals on Canva which summarise in simple terms how the marking criteria applies to each of the assessment options.

Further, and most importantly, I think it is important to dedicate time within the teaching framework, to support and advise students regarding their assessment choices. As such, I have embedded into the module design, a two-hour seminar which is dedicated to preparing for the presentation assessment. The seminar is broken down into two parts. First, I discuss with the students information regarding the expectations for the assessment, we go through the marking criteria and together we look at exemplars. Second, students are put into pairs/small groups with other students who are working on a different clause/phrase and they are asked to present and give feedback to each other on their work in progress. This session was very well received, with students commenting that it helped to clarify expectations and relieve assessment anxiety.

Conclusion

Firth et al’s (2023) research provides some incredibly important insights and recommendations regarding inclusive assessment practices in Higher Education. My own experiences of introducing optionality, and the results from my own student survey, reflect and build on those findings. While the benefits of student choice are clear, some of the drawbacks could potentially undermine those benefits. However, with careful planning, adopting a transparent approach, and providing adequate support, I argue that those concerns can be largely mitigated.

Dr Jo Wilson is Senior Lecturer in Commercial Law at the University of Sussex

References

Brown, N., Morea-Ghergu, D. & Onwuka, N. ‘Assessments: letting students decide’ in: Mawani, S., & Mukadam, A. (eds). Student Empowerment in Higher Education: Reflecting on Teaching Practice and Learner Engagement (Berlin: Logos Verlag 2020)

Miriam Firth et al, ‘Optionality in Assessment: A cross institutional exploration of the feasibility, practicality & utility of student choices in assessment in UK higher education (QAA, Oct 2023)

McArthur, J. ‘Rethinking authentic assessment: work, well‑being, and society’ (2023) 85 Higher Education 85

Mueller, J. ‘The authentic assessment toolbox: Enhancing student learning through online faculty development’ (2005) Journal of Online Learning and Teaching 1

O’Neill, G. (Ed) ‘A Practitioner’s Guide to Choice of Assessment Methods within a Module’ (2011, Dublin: UCD Teaching and Learning), available at: http://www.ucd.ie/teaching/resources/assessment/howdoyouassessstudentlearning/

O’Neill, G. ‘It’s not fair! Students and staff views on the equity of the procedures and outcomes of students’ choice of assessment methods’ (2017) 36(2) Irish Educational Studies 221

Wanner, T., Palmer, E., & Palmer, D. ‘Flexible assessment and student empowerment: advantages and disadvantages – research from an Australian university’ (2021) Teaching in Higher Education 1

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Posted in Articles

Mapping the circular economy: A flexible mapping project for Product Design students.

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Dr claire Potter

Claire Potter is a Senior Lecturer and the course convenor of the BSc / BA Product Design degrees, teaching on and leading on a variety of modules. In this case study, Claire describes how module and course design help develop students’ insights, skills and confidence in generating and presenting research outcomes. 

What I do:  

My final year module, ‘The Role of Design in the Circular Economy’, uses a 6-week mapping project to engage students in preparatory analysis and evaluation to inform their subsequent design project submission. The mapping task asks students to research the businesses, users and activities along a Brighton street (this year it’s stretch of London Road) and communicate, in a map format, how they each represent or fit within circular economy principles. I break the principles down into a set of categories and encourage students to come up with their own too. The ‘map’ can be hand-drawn, 3D, digital or interactive – it is completely up to the student. Whatever the format, a viewer must be able to clearly identify the business, service or store – and how it does or doesn’t fit into the circular economy.  

In Week 6, students deliver a 5-minute presentation of their map, their understanding of the road and how the circular economy is demonstrated in that space.  

Why I do it:  

The outcomes of this assessment directly inform the subsequent design portfolio submission of a product that will increase engagement in the circular economy. Their design must originate from a clear need and can be sold or utilised by businesses or users of the road. The product must be 3D (designed to be made of stuff) but can include an app or digital element.  

While the design portfolio is a little more structured, I remain flexible about the format of the map. This enables students to play to their strengths as designers, encouraging them to dig deeper into processes they love. The marking and feedback (verbal on the day of the presentation followed by written marks and feedback using a rubric) focuses on the quality of students’ research and reflection and their communication through the map and presentation. Students are also encouraged (within time limits) to ask questions or comment on their peer’s talks.  

The 5-minute map presentation slot is purposefully short. It makes it manageable for markers but, importantly, also enables students to practice delivering research outcomes in a clear and concise manner. This is one stage in the incremental development of our students’ skills and confidence in presentations, beginning in first year with formative group presentations, which help prepare our students to deliver a 15-minute solo presentation (on 4 months of work) as part of their final year design project module. 

Impact and student feedback:  

The mapping exercise helps students understand how to work with and communicate data in a different way, in a format people can use. Also, while students tell me they find it challenging (there are a LOT of shops to explore) they also say they find it interesting, meaningful and that they appreciate the opportunity to apply the knowledge they’ve been learning.  

Future plans: 

Students put a lot of time and effort into the mapping project. So much so that, from 2024/25, the weighting of this element will increase from 20 to 30 percent. So that my current students don’t feel hard done by, and to check my logic, I’ve discussed with them how the marking criteria will be adapted for future cohorts to reflect the new weightings.  

Top 3 tips: 

  • Provide marking criteria from week one and ensure students understand what they need to do to meet them. 
  • Remind students that the module contact time is not project time – they are expected to engage in X-number of hours of self-directed research.  
  • Mitigate students’ anxiety about presenting by giving them some control over when they speak, e.g. to tell you if they’d rather not go first or would prefer to present immediately after a friend.  
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Posted in Case Studies

Building learning communities through formative group work

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Dr Zahid Pranjol

Dr Zahid Pranjol, Senior Lecturer in Biomedical Sciences and Deputy Head of School for Life Sciences, explains how a formative project-based learning (PBL) group work assessment helps develop his Foundation, first and second year students’ belonging and team work skills.  

What I do: 

I use a problem-based learning approach to formatively assess my students’ knowledge and understanding of their learning from lectures. I give each group of 4-5 students a disease and task them with planning how to diagnose and treat it. The format of the submission is up to the group (e.g. a mini poster, a video, mind map, PowerPoint, Prezi or a text document) so they also need to decide together how to present their response so that it meets the learning outcomes and marking criteria, which includes some credit for the creativity and accessibility of the submission. I provide guidance on the length of their submission (e.g.  max 4 slides or a 2-minute video or audio piece), project planning, inclusive teamwork and how to run meetings, but the rest is up to them. 

The submissions are double marked (which is manageable for around 16 groups) and the feedback we provide comments on the scientific content but focuses more on their presentation and communication. 

Finally, as the project is formative, I also offer a prize for the best submission. Also, (with consent) the top ten submissions are shared with the wider cohort who often refer to them when revising for lab practicals and exams.   

Why I do it: 

The assessment provides a valuable means for students to reflect on and apply their learning and develop their analytical, critical thinking and communication skills. I’ve also co-authored a paper on the wider transferrable skills developed by these students.  However, the social and peer learning aspect of the task is just as important. I leave it up to the groups to arrange meetings, which happen outside of teaching time. This demands they agree ways to communicate with one another and facilitates the creation of peer support networks and, over the years, quite a few friendships. Students also learn team working, leadership and influencing and communication skills along the way.  

Last, but not least, this approach also builds in flexibility, which also supports inclusive teaching and learning.  For example, giving student groups a choice over their format enables them to draw on pre-existing skills and interests within the group.  

Impact and student feedback: 

When surveyed, the majority of students agreed that the project helped them better understand content from the lectures. While students sometimes complain about the group work aspect, requiring them to work in groups means they meet new people and (hopefully) develop informal peer support networks. In fact, some students reported having kept in touch with their groups beyond the end of the project and throughout their degree and others have commented on the fact the project helped them understand their strengths and weaknesses when working with others.  

Future plans 

I’ll continue with using this task with students and sharing it with colleagues from all schools. My long-term plan is to turn this activity into a summative assessment and, perhaps, apply this approach to designing lab experiments via co-creation! Watch this space. 

Top 3 tips: 

  1. Make it clear to the students the purpose and value of the assessment, e.g. how the task will help them bring together different strands of their disciplinary learning and see how they interconnect.  
  1. Also explain how the format of the assessment will help them develop transferrable skills and learn more about the process of learning.  
  1. Give students the freedom to choose what they want to do and space to think and make that decision with others (but be ready to support and advise if need be!). 

Find out more: 

To learn more about this assessment approach see my workshop presentation to the 2021 Advance HE Teaching and Learning Conference. https://www.advance-he.ac.uk/knowledge-hub/teaching-and-learning-conference-2021-day-3  

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Playful Learning with escape rooms

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Dr Katie Piatt

In this case study, Dr Katie Piatt, Head of Educational Enhancement and co-Chair of the Playful Learning Association, talks about how she developed an escape room for the University Pasts and Futures conference as a fun way to introduce students and staff to the work of Asa Briggs.   

What I did 

I designed and implemented an escape room for the Universities Past and Futures conference held by the School of Media, Arts and Humanities in September of 2023. This conference set out to explore what we can learn about the past of the University and how we can imagine its future by exploring the archives and showcasing the history of the University’s people and architecture. I wanted to introduce participants (students and staff) to Asa Briggs, who was a professor of history at Sussex and served as dean, pro-vice chancellor and vice-chancellor. Reflecting on his time at Sussex, Briggs stated that he had more pleasure intellectually forming the University of Sussex than all his other experiences to date (Field, 2011). Briggs’ passion for the University and his storied history working for Alan Turing’s code-breaking team at Bletchley Park inspired my idea to introduce his role at Sussex through an escape room. Assisted by my parents, who studied at Sussex, and members of the EE team, I located a variety of archival materials related to Briggs’ time at Sussex. Using these materials, I designed puzzles that would familiarise players with some code breaking techniques. We ran the session five times across the day so that different groups could participate. 

Why I did it 

Playful learning helps to create safe learning environments in which learners are empowered to work together, take risks and build resilience. By creatively exploring new possibilities and ways of being, students are more likely to remember what they have learned. I thought that an escape room would be an ideal way to exemplify playful techniques in education and used this event to demonstrate how we can explore University history in different ways. I also wanted to provide a team bonding experience that enhanced communication skills and an understanding of each other’s strengths. I designed this escape room to showcase the benefits of playful learning, but I also wanted to provide participants with a novel example of open scholarship, demonstrating different ways of teaching and knowledge exchange using University archives. 

Impact and student feedback 

Participants really enjoyed the experience and commented that it would be good for students as a way of learning. They noted that the theme of the escape room and the problems that it involved complemented the conference presentations and enabled them to engage with the ‘map of learning’ in an interactive way. I was really pleased with how the escape room provided an opportunity for conference participants to get to know each other and work together to solve problems, which provided a more meaningful way to make new connections than a typical meet and greet. 

Challenges 

Designing the escape room for the right level was a challenge. My expectation was that most participants would be beginners, so I did not want the puzzles to be overly difficult. This is why it is important to test the escape room with participants before implementing it at your event or in the classroom. Designing the escape room for a particular time slot was also challenging. We wanted participants to attempt the breakout room between the different conference sessions, which meant that I had to reduce the number of problems so that participants did not feel rushed. Although I designed this escape room as a short fifteen-minute activity, it could be extended to work as a longer activity for students in class. 

Future plans 

I plan on keeping this as a resource to demonstrate playful learning through escape rooms and as an example for others to think of designing their own. 

Top tips: 

  1. Make sure to run lots of testing on your puzzles—what is obvious to you is not to everyone else and it spoils the fun if people get frustrated.  
  1. Don’t overcomplicate it! Remember the aims and plan each puzzle around that. It is tempting to add red herrings and lots more archive material, but this just takes longer to plan and makes it harder for players 
  1. Borrow do not spend! There are lots of materials that can be used as props around the university. Reach out to the Educational Enhancement team who can help lend you boxes and padlocks and old typewriters or whatever you need. 
  1. Make and test your reset plan! As this activity was being run repeatedly through the day, we needed a plan to reset things as quickly as possible. For example, the order you need to local keys back inside boxes is critical. 
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Using digital tools to support inclusive practice

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 Tab Betts

In this case study, Tab Betts, Lecturer in Higher Education Pedagogy at Sussex and National Teaching Fellow, explains how community introductions on Padlet support inclusive practice in his classroom.  

What I did 

In order to set up an inclusive approach to building community, before the start of the module, I ask students to post a self-introduction on a group Padlet. The introduction includes some text, a photo and a short audio or video recording in which learners teach other students how to pronounce their name and suggest a strategy that might help others in the class to remember their name. I start this off by posting my own introduction and welcome video on the group Padlet, and I provide a mnemonic for remembering my name by linking it to the tab key on the keyboard. Although I use Padlet, it is also possible to do community introductions using a discussion forum or a WhatsApp group.  

Why I did it 

I think it is important to place inclusivity at the forefront of what we do. As someone who is neurodivergent and who has lived as an ethnic minority in another culture, while I haven’t experienced the hardship that many have, this motivates me to aim to remove potential barriers that students face in higher education. It is easy to become disillusioned with the lack of inclusivity in our existing systems. However, first impressions are crucial, and these small interventions show how much we value difference and diversity in the classroom. In terms of logistics, this asynchronous activity is easy to plan and saves a lot of time in our first class, since we have already introduced ourselves to each other. 

Impact and student feedback 

Students are pleasantly surprised when I remember their names, and they often comment to me that they really appreciate it. Students from different countries tell me that they also really appreciate the effort I make to pronounce their names. In general, students have reported that community introductions make it easier to participate in group work because they have already had a chance to meet their peers. 

Challenges 

Sometimes students feel shy about posting pictures of themselves or videos. I think it is important to take a flexible approach, so I let students know that they are welcome to post audio recordings instead of videos and that they do not have to post pictures of themselves, but could instead post a picture of something which will help us to remember them. Another barrier is that many students find that this is very different to the educational experiences that they have experienced in the past, and faculty might be resistant to trying something new. However, faculty should not be afraid to do things differently. The fact that I was recently awarded a National Teaching Fellowship for these kinds of interventions demonstrates than going outside the norm to be more inclusive is valued at the University of Sussex and the higher education sector as a whole.  

Future plans 

I teach students who will themselves go on to be university lecturers, so I am planning on developing a training guide that introduces the different inclusive strategies that I use in the classroom, and this will include a section on the importance of community introductions. 

Top 3 tips 

  1. Make sure that students are familiar with the task and the platform you are using. For instance, I record short 2-minute videos using Panopto to show how I complete the tasks that I have asked students to do on Padlet. 
  1. Be flexible in your approach. For example, I do not force students to include a photo of themselves if they feel uncomfortable or shy. Sometimes students will post a picture of flowers in their garden, and I think this still tells us something about them. 
  1. Contact Educational Enhancement for guidance and support. They will help you find the best inclusive practices and digital tools to meet your teaching goals. 
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“It gave me a sense of ownership”: Reflections on the participatory design of a Business Law and Practice module – Part 2

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Jeanette Ashton and Kieran Durcan 

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Jeanette Ashton is a Senior Lecturer in Law (Education and Scholarship) and a non-practising solicitor, having joined the University of Sussex after 8 years at Brighton University. She convenes and teaches on the LLB programme in the Law School. She works on employability, is interested in the intersection between academic and professional skills, and is part of the Clinical Legal Education team. 

Kieran Durcan is a Senior Lecturer in Law (Education and Scholarship). He convenes and teaches a number of core and optional modules on the LLB and MA programmes within the Law School. He is interested in module design and enhancement and is keen to embed practical skills across the law programmes having previously been the placement lead within the School. 

Introduction and revisiting the pedagogical context 

In part one of this blog post we outlined the context of the introduction of a new Level 5 Business Law and Practice module (BLP) for Sussex Law School. We won’t recap this in its entirety, for more detail see They told us what they want, so now what, but in summary this module was introduced in response to a significant change in the legal education sector through the introduction of the Solicitors Qualifying Exam (SQE), the University’s strategy of embedding employability/professional practice within the curriculum, and to bridge a gap between Level 4 and Level 6 commercially-focused modules in the Law School. The module, we hoped, would give students a sound foundation on which to base future choices, both in terms of final year optional modules and career paths 

Taking a participatory design approach, we engaged students to work with us to ensure the “use, usability and utility of educational design for both teachers and students” (Di Salvo et al, 2017). We conducted a concurrent legal education study to explore the students’ experience of engaging with this process and the impact, if any, on their experience of studying on the module following its first iteration, which we explore in this blog post. In terms of the module content itself, which the participants had shaped, we were particularly interested to hear their thoughts on the more innovative features of the BLP module. Such features include the embedding of employability and professional skills within the module, a self-reflective post-seminar skills audit, the use of a case study business to frame seminar discussion, and the use of an authentic assessment in the form of a business report. 

How did the students respond to the module itself? 

Delivery and content: Participants reflected that this was a different type of module from their usual modules, where they learn the applicable principles and apply them. By taking a more holistic, practice-focused approach, which both reflected the breadth of business law and participants’ input in the design stage, we were not surprised by this response. However, what we had perhaps underestimated was the possibility that this would generate some anxiety and unease. One participant described the start of the module like being in ‘deep waters’ as the other Level 4 and 5 modules were not comparable. The participant felt like the initial stages of the module came like a tsunami, primarily due to the breadth of content, but thankfully as the module progressed, their understanding came together.  

Resources: Alongside more traditional resources, we wanted students to engage with a broader range of resources from the business world, e.g., Ted Talks and podcasts. We hoped this would help them to understand how their learning transcended the boundaries of the module and related to the business world, with the aim of deepening their commercial awareness. Participants had highlighted this as high on their ‘wish list’ for the module. Participants appreciated the use of non-traditional resources, with one commenting that this was much more engaging for students and brought the content to life. 

Anchor points of embedded professional practice: Throughout the module we built in a number of key sessions with the objective of them acting as anchor points, not only for the students but for us as teachers, which we could draw upon to link the legal theory with the world of practice. A key priority when designing the module was to integrate professional practice within the students’ learning journey in order for students to grasp in a more firm and meaningful way the sometimes nebulous concept of commercial awareness while also providing an insight into the world of business law practice. A senior in-house General Counsel, for a large corporate organisation, delivered the initial lecture. They covered the breadth of legal issues that a business lawyer will work on, including contracts, financing, mergers and acquisitions, copyright, franchising and employment. For our second anchor point we worked with the Careers and Entrepreneurship team to create a “Meet the start-ups” session, where, after learning about different business structures, students heard from four real-life business owners, who outlined their business model and their entrepreneurial journey, alongside why they had chosen their particular business structure. This was followed by a networking session where students had the opportunity to talk directly to the business owners over lunch and quiz them a little further about their experiences in business. 

We concluded the module with a session on dispute resolution, again delivered by practitioners, highlighting legal issues that businesses may encounter e.g., problems with the supplier, and how this might be resolved outside of a lengthy, costly court process. Throughout the module we drew upon these anchor point sessions, linking the learning to practice. To complement these anchor point sessions, we integrated a targeted selection of Forage virtual work experience tasks into the seminar preparation, giving students a taste of practical tasks they would be likely to encounter working in business law. One of the participants told us that this embedded professional practice “put us in a different place”, brought the content to life, and helped them to feel part of the professional world. 

A new form of assessment: 25% of the module is assessed by MCQs, which reflects the form of assessment in the SQE. These questions feature mini case studies, requiring students to apply their learning to practical scenarios. The main assessment takes an authentic approach (Mueller, 2018) and asks students to produce a short business report centred around a business case study. For our students, this was the first time they had been asked to produce an assessment in a report format. Participants told us that although this did cause some anxiety, as it was something different from the norm in terms of their assessment experience, they indicated that the dedicated report writing skills session alleviated that to a great extent and one participant stated that they now feel confident in that area, with this giving them “practical experience before enter[ing] the workplace”.  

Self-reflective skills audit: Within the module we wanted to give students an opportunity after each seminar to reflect on the skills that they had gained, both in terms of preparing for their seminars but also from their attendance and engagement with each seminar. These skills audits were accessible through QR codes linked to each seminar. The audits were introduced after the initial seminar cycle, so were not embedded from the very start of the module. Unfortunately, student participation with these skills audits were not as high as we had hoped, and this may have been due to the failure to embed and explain the importance of these audits from the very start of the module. This is an area of student participation that we hope to improve in the next iteration through greater explanation of the importance of the audit to personal development.  

What was the impact of participating in the design? 

Ownership: Participants told us they valued seeing their input reflected in the module, with one describing this as a “cheer moment.” Being part of the module design process meant that they saw the module from a different perspective. In short, they explained that they felt part of its development, rather than as an end consumer of an already prepared module over which they had no influence. 

Understanding of different priorities: In discussing their own personal ‘wish list’ for the module within the initial focus groups, participants were able to hear different perspectives and priorities from their peers and appreciate that a key part of the design process was to factor in and balance sometimes competing priorities. Some participants also recognised that within the initial focus groups they may have suggested niche topic areas which may not have necessarily appealed to a wider student base. Participants also spoke about trusting faculty to ultimately make tough decisions on module content and to balance the different student priorities.   

Bridging the gap between students and lecturers: Participants appreciated the opportunity to work with faculty on a project which would benefit them and future cohorts. They valued the transparency and opportunity to see ‘behind the scenes’, making lectures ultimately more personal. One participant told us they had highlighted their role in assisting us in the project on their CV, which became a talking point in their interview for an internship in a competitive field, and they believed this helped them to be successful in that process. 

Key takeaways 

  • When delivering a module with innovative features, spend time at the start of the module explaining these features to students. Explain to students the wider considerations behind the module, highlighting the challenges the module might present and the differences within the module compared to the other modules students may have studied to date. Seek to reassure students about these innovative features and encourage participation with them while building in support as appropriate. After the first iteration, bringing in students from the previous cohort to share their experiences of the module could help support current students by setting academic expectations and demystifying the innovative features of the module.  
  • Consider building in participatory design, and the necessary time and resource for this, as part of module/curriculum design and development. 
  • Consider building in some optionality within modules, so that students feel more ownership of their learning. 
  • Consider introducing non-traditional resources as part of module design.  
  • Consider the nature of the assessment and how incorporating an authentic form of assessment within the module can enhance the module learning and the development of practical skills with the appropriate assessment support in  place. 

Concluding thoughts  

From our perspective and that of our study participants, BLP was on the whole a success, and we were delighted to win a ‘World Readiness’ award in the 2023 University of Sussex Education Awards . What the study has shown us though, is that we underestimated how different the module actually is to other modules on the course, and that, whilst students were enthusiastic about this difference, it would cause some anxiety. This is something we will be addressing on the next iteration.  

The participatory design aspect of the module was new for us and a positive experience, though we would like to have seen more students engaging with the process, particularly in Part 2, where the numbers fell. Bovill notes that “offering the opportunity to co-create learning with a whole class of students does not guarantee full participation and inclusion” and, whilst we acknowledge that it was important that students felt no compulsion to participate, working with a larger number of students would have been welcome (Bovill, 2019, 1030). For future projects, we would like to explore extending the ‘work-integrated learning’ dimension, bringing together our external workplace partners and our students at the planning stage (Ruskin & Bilous, 2020).  

To conclude, our experience of designing BLP has shown us how working with students enhances the learning and the student experience, well summarised by one of the participants, who told us: 

“I feel like that’s a valuable experience, and I wish every module would do this, because in some modules it feels like it’s archaic assessments that every year are just worded a little bit differently, but it’s still the same concepts and themes…..I feel like I had more passion when I was able to say what I wanted in the module”. 

References 

Bovill, C. (2020) ‘Co-creation in learning and teaching: the case for a whole-class approach in higher education’, Higher Education, 79 pp.1023-1037. Available at: https://doi.org/10.1007/s10734-019-00453-w    

Di Salvo, B. et al. (2017) Participatory design for learning: Perspectives from practice and Research. New York: Routledge, Taylor & Francis Group. 

Mueller, J. (2018) “Authentic Assessment Toolbox”, available at: https://jonfmueller.com/toolbox/ (accessed 17 July 2023) 

Ruskin, J. & Bilous, R.H (2020) ‘A tripartite framework for extending university-student co-creation to include workplace partners in the work-integrated learning context’, Higher Education Research & Development, 39(4), pp. 806–820. Available at: https://doi.org/10.1080/07294360.2019.1693519  

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Authentic learning through Legal Document Pack Exercises (LDPE)

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Dr Jo Wilson, Senior Lecturer in Commercial Law

In this case study, Dr Jo Wilson, Senior Lecturer in Commercial Law, talks about how she introduced ‘Legal Document Pack Exercises’ (LDPE) as a form of authentic learning and assessment on a core law module. 

What I did 

Students in my Contract Law 1 module take on the role of a Trainee Solicitor and they are given a bundle of documents from a client which range from email and text message exchanges, invoices, newspaper articles, adverts, contractual provisions etc. They must read though the documents, draw out the legal issues, and prepare a written answer, advising the client. Below is an example of instructions students receive and a visual of the sort of documents they analyse. 

Authentic learning opportunities are embedded throughout the module, so that students can develop their skills relating to reading documents, drawing out the relevant legal issues, and producing a written answer, in preparation for the assessment. These learning opportunities, which are also interweaved with skills-based sessions, take place as follows:  

Week 1: Seminar: How to read a case 

Week 2: Workshop: How to answer a PQ/LDPE in Contract Law and Beyond 

Week 3: Seminar Offer & Acceptance LDPE 

Week 5: Exemplar for LDPE in Week 3 released 

Week 5: Seminar: Consideration LDPE 

Week 7: Seminar: Economic Duress LDPE 

Week 9: Misrepresentation LDPE 

Why I did it  

There were three key driving factors that prompted me to take this approach; first, I wanted to create a more interesting and engaging learning opportunity for students (Burns, 2015), second, I wanted to give students the opportunity to develop their employability skills, and in doing so help to bridge the ‘skills gap’ between education and practice (Sotiriadou et al, 2020); and finally, linked to inclusivity and widening participation, I wanted to ensure that all students, including those who are unable to take advantage of our co-curricular skills programme (because of work or care commitments, for example), have the opportunity to develop their transferable skills. 

This was a novel approach in the Law School, where assessment modes are dominated by traditional essays and problem questions.  

Challenges  

One challenge was that I had to upskill in creative software, and another was that creating the documents took an incredible amount of time, both in terms of initial set up, and then ongoing time costs.  

First, in terms of software, if you want to produce documents that are authentic, you will need to develop your creative skills! When I initially introduced LDPEs, I used Microsoft Word to produce the documents, and they were not particularly realistic. To overcome this, I taught myself how to use Canva, a brilliant online graphic design tool, and I was able to produce some fantastic, authentic looking material.  

Second, in terms of time, this learning exercise and assessment mode requires a huge commitment in terms of timing. Preparing the seminar material is a large undertaking, but that material can then be used year after year (with updates, as necessary). Beyond that initial exertion, you will need to dedicate much more time when it comes to prepping your assessments. Unlike an essay title, which can be quick to write, producing a LDPE is very time consuming. Not only do you have to develop and write the scenario, as you would with a traditional problem question, but you also must create the documents to tell that story.  

Impact and student feedback 

The response to the introduction of LDPEs as a learning activity has been overwhelmingly positive. In December 2021, 129 students completed a survey on curriculum changes in Contract Law 1. 

  • 93% agreed, or strongly agreed that the legal document pack seminar activities were interesting and engaging 
  • 94% agreed, or strongly agreed that the seminar activities created an authentic learning experience 
  • 94% agreed, or strongly agreed that overall, the use of legal document packs in seminars enhanced their student learning experience 

Students were asked: ‘What was your experience of the legal document pack seminar activities? Is there anything you would change?’ and some of the responses were as follows: 

  • “These were the highlights of my semester workwise. These document packs felt like practical, real word simulations that allowed me to play the proper role of lawyer-in-training, while also getting strong practice experience in structuring a problem question properly. I really hope to see more of these before I’m done at Sussex!”   
  • “The experience was fantastic and practical. Having the ability to work with our clients in assessing their issues and providing potential solutions was greatly appreciated. The additional subtle details made the preparation work enjoyable with rewarding application opportunities. Absolutely brilliant! Thank you so much :)” 
  • “The legal document packs were an excellent way to engage students in the learning process.” 
  • “I loved the document packs, it provided a more interactive and enjoyable way of applying what we had learnt in the lectures. I also loved figuring out the law through the texts and emails. 10/10!” 

Future plans 

We are now in the third year of using the LDPE’s and they continue to work incredibly well, so there is no plan to make any changes. What I am doing, however, is continuing to disseminate the importance and benefits of authentic learning. In December 2023, I am co-hosting with colleagues from other institutions an online symposium, ‘Authentic Assessment in Law: Critical and Practical Reflections,’ and I am currently writing a book, alongside Dr Verona Ni Drisceoil, on ‘How to Design and Embed Authentic Assessment in Law’ (2025, Edward Elgar). 

Top 3 tips 

  1. Use existing assessment scenarios that you have and ‘convert’ them into LDPEs by producing documents that tell the same story.  
  1. Ensure that you embed opportunities throughout the module for students to practice LDPEs. 
  1. Utilise software such as Canva to produce authentic documents.  
Posted in Case Studies, Uncategorised

Raising awareness of symbolic violence

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Dr Kevin Masters, Lecturer in Strategy and Marketing, University of Sussex Business School

Biography

Kevin Masters is a Lecturer in Strategy and Marketing at the University of Sussex Business School, where he convenes and teaches a range of undergraduate, postgraduate, and online modules.

Kevin studied at the CIPFA Education and Training Centre in London to obtain an Advanced Diploma in Business and Financial Management, before obtaining an MBA (with distinction) from the University of Hull. He completed a Doctorate in Science and Technology Policy Studies from SPRU (University of Sussex) in 2009 and concluded a PGCertHE leading to Fellowship of the Higher Education Academy in 2018. More recently, he submitted a dissertation for a Masters in Education at the University of Sussex School of Education and Social Work and awaits the result.

Prior to teaching, Kevin had a long career in UK local government, culminating in his appointment as the Executive Head of Customer Services for two local councils (Adur and Worthing) working in partnership.

Introduction

Bourdieu and Passeron (1977) argue that various types of cultural bias (such as class, colour, ethnicity, disability, and gender) cause a form of non-physical violence known as ‘symbolic violence’. They assert that this is particularly evident in education and can have the effect of limiting the life chances, experiences, aspirations, and expectations of its victims. Subsequent commentators are particularly critical of business schools for their role in the neoliberal reform of UK higher education which they maintain has exposed universities to market forces, converted them into quasi-business institutions and perpetuated the privileges of the capitalist ruling classes (Brown 2018, Alajoutsijarvi, Alon and Pinheiro 2021, Danvers 2021). Gordon and Zainuddin (2020:707) go further, describing business schools as “the epitome of market-mediated, performative and managerialist ideologies”.

The Study

As a Lecturer in the Business School, I was interested in exploring instructors’ perceptions of Bourdieusian ‘symbolic violence’ and its implications for teaching and learning in UK higher education. A positivist research design seemed unlikely to provide the required enlightenment. A review of literature revealed that situated knowledge and personal value judgements can be accommodated within social research and even partisan research can be good, rigorous, and motivated by a commitment to bring about social and political change; however, the underlying positionality of the researcher must be made transparent (Gewirtz and Cribb 2006). In my study, I opted for qualitative interviews using the Zoom audio-visual conferencing platform. I interviewed ten instructors from the Business School: four interviewed as a group and six interviewed individually.

The study sought to answer four research questions:

  • What is the experience and impact of ‘symbolic violence’ within the neoliberal context of a UK business school?
  • How, if at all, do teachers in UK business Schools understand the emergence and impact of ‘symbolic violence’ within their classrooms and curricula?
  • What do teachers in UK business schools do, or think they could do, to mitigate against the risks associated with ‘symbolic violence’?
  • How helpful do teachers in UK business schools think it is to conceptualise neoliberal reform in UK higher education as a type of cultural bias that is perpetuating ‘symbolic violence’?

Results

The results suggest that teachers in UK business schools are broadly familiar with cultural bias and have some experience of it, both as educators and sometimes as former international students, but are mostly unaware of ‘symbolic violence’ and wish to know more about it. The most common example of cultural bias that the participants could identify concerned instructors’ unreasonably high expectations about the use of English language in the classroom and academic writing in summative assessments. This suggests that other equally pernicious effects of cultural bias might be less well understood, with implications for the debates around decolonialisation, gender and neoliberal reform.

In this study, some of the participants criticised the neoliberal reform of UK higher education, protesting that “it’s all about making money” while others highlighted its benefits and resisted negative criticisms. Some of the participants expressed concern about acting against cultural bias independently for fear of possible recriminations and lack of support from university leadership but others felt unrestricted in their teaching practice. These findings may be consistent with Bourdieu’s assertion that efforts to change education systems from within are doomed to failure because pedagogic action is inseparable from pedagogic authority.

Finally, this small case study in a UK business school suggests that instructors are mostly aware of critical literacy and critical pedagogy. These involve challenging taken-for-granted views and identifying, demystifying, and resisting dominant ideologies and hidden discourses. While the participants in this study did not engage directly with Bourdieusian ideas, they did engage in critical reflection about UK higher education and using this language in the study allowed them to think objectively about their teaching practice.

The research suggests that the nature and consequences of ‘symbolic violence’ in UK higher education are not well understood but that there is substantial scope for pedagogic action and further enquiry. Consequently, I have constructed a Personal Scholarship Plan for 2023/24 that focuses on the dissemination of the findings from the research. The quest will begin with a presentation to the School of Education and Social Work’s Researching Educational Practice Conference in November. Meanwhile, colleagues from the Student Experience team are helping me to identify opportunities for the promotion of critical literacy in the classroom.

References

Alajoutsijarvi, K., Alon, I., and Pinheiro, R. (2021). The Marketisation of Higher Education: Antecedents, Processes and Outcomes in Branch, J. D. and Christiansen (eds) The Marketisation of Education: Marketing and Communication in Higher Education. London, Springer.

Bourdieu, P. and Passeron, J-C. (1977) Reproduction in Society, Education and Culture. London, Sage.

Brown, R. (2018) Higher Education and Inequality. Perspectives: Policy and Practice in Higher Education 22(2): 37-43.

Danvers, E. (2021) Individualised and instrumentalised? Critical thinking, students and the optics of possibility within neoliberal higher education. Critical Studies in Education 62(5): 641-656.

Gewirtz, S. and Cribb, A. (2006) What to do about values in social research: the case for ethical reflexivity in the sociology of education. British Journal of Sociology of Education, 27(02): 141-155.

Gordon, R. and Zainuddin, N. (2020) Symbolic violence and marketing ECRs in the neoliberal university. Journal of Marketing Management 36(7-8): 705-726.

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Posted in Blog

Using Buddycheck for peer evaluation

Posted on by Laura Clarke — No Comments ↓

In this case study, Dr Alison Bailey, Senior Lecturer in Management, shares her experience of using Buddycheck for peer evaluation. 

What I did 

I am the module convenor for the Introduction to Business and Management module which runs in Year 1, Semester 1. Because the module is core to most undergraduate degrees in the Business School, and is also a popular elective, we typically have more than 850 students on the module. Since the module design is closely aligned to Team Based Learning principles, it is assessed by 100% coursework, of which 60% is derived from a group presentation, 5% of which is an individual engagement mark derived from peer evaluation scores. This is why I jumped at the chance to take part in the trial of Buddycheck, a peer evaluation tool which integrates into Canvas. As part of this trial, I incorporated Buddycheck into my long-established approach to peer evaluation in the module. I first asked students to submit a formative evaluation in week 7, to ensure they were familiar with the process. Students then completed a summative evaluation in week 10/11, depending upon which week students presented their business plan, to evaluate their peers’ contributions to the group project.  

Why I did it 

Before using Buddycheck, students emailed their peer evaluation to tutors. As you can imagine, collating and applying formative and summative peer evaluation scores was an enormous task for the module team. Buddycheck, by contrast, was easy to use and integrated well into Canvas. For example, if group memberships changed, I was easily able to re-sync the groups in Buddycheck with the Group sets in Canvas. The tool also enabled me to send automated emails to students with the evaluation link and send reminders to those yet to complete.  

Impact and student feedback  

The tool enabled class tutors to determine the evaluation grade awarded to students easily. Bearing the numbers involved, this is an important issue. The tool also gave feedback to students and, by using predesigned questions, negative or hurtful comments were avoided 

Future plans 

I plan to use Buddycheck again this semester for the same cohort AND for a second year Leadership module. The second-year students used Buddycheck last year, so they will be familiar with it.  

Top tips 

  1. Use pre-designed questions if they fit, but don’t be afraid to alter if you need to. 
  1. Explain Buddycheck fully to students so they see the benefit. Consider linking it to employability since we all experience appraisals in the workplace. 
  1. Spend time with your teaching team explaining the tool and make sure to provide supportive training. 
Posted in Case Studies, Uncategorised

About this blog

Learning Matters provides a space for multiple and diverse forms of writing about teaching and learning at Sussex. We welcome contributions from staff as well as external collaborators. All submissions are assigned to a reviewer who will get in touch to discuss next steps.