Examination Appeals Board

1. Composition

The Examination Appeals Board is appointed by the Executive Board. The Board consists of not more than five members and five deputy members. The members of the Board consist of both students and members of the teaching staff. The Chair and Deputy Chair are lawyers and are not connected to the College. The secretarial department of the Examination Appeals Board is housed in the Legal Department.

2. Rules of procedure

The operating procedure of the Examination Appeals Boards is set out in the Rules of Procedure. Those persons concerned who consider an appeal are advised to consult these rules, and also the Student Charter, prior to taking any steps.

3. Decisions against which appeal can be made

An interested party may appeal to the Examinations Appeals Board regarding decisions:

• on negative study advice;
• on any alteration to the foundation year stage;
• on the determination of the number of credits gained;
• on a final examination passed; Pay attention: you cannot apply an appeal against the result of a part of the examination.
• on requirements regarding preliminary training, not being decisions of a general nature, with a view to future examinations;
• on additional requirements regarding preliminary training and obtaining exemption founded on other diplomas based on supplementary research. Another diploma in this connection is taken to mean any diploma that does not afford admission to the course without further steps being taken;
• regarding Examining Boards and examiners;
• regarding the granting of exemption based on an eligibility for those aged twenty-one;
• regarding the admission requirements to a Master Course offered by the College.

4. Refusal to decide

A decision is regarded as being the same as a refusal to decide and appeal can thus be made against the refusal to decide with the Examination Appeals Board.

5. The lodging of appeal

The appeal is to be submitted not more than six weeks of the day on which the decision has been made known. The appeal should be submitted to:

Objections, Appeals and Complaints Office, by means of the registration form. Scroll down the page and you can choose one of three options.
You can follow your appeal and all the correspondence in your My Info Portal.

The Objections, Appeals en Complaints Office will register the receipt of your Letter of Appeal, send you a confirmation of receipt and hand your Letter of Appeal over to the Examination Appeals Board.

The secretary of the College of Appeal of the Exams (COBEX) can be reached through the secretariat of the Legal Department between 13.00-16.00 uur + 31 (0)20-595 3374, email: cobex@hva.nl.

6. Requirements to be met in the appeal

The notice of appeal is required to state:

• the name and address of the person making the appeal;
• where possible: the student number and/or the course regarding which appeal is made;
• the date;
• The description of the decision, with a date mentioned, against which appeal is made and preferably a copy of such decision;
• the grounds for the appeal.

7. Grounds of appeal

A notice of appeal should state the grounds for the appeal and should preferably also be motivated. An interested party is not permitted therefore just to state that he or she is not in agreement with a particular decision. A person should state why they are not in agreement with the decision and it can also be useful to support with written evidence the point of view held. Should a person concerned not be in agreement with the marking of an interim examination it is well to be aware that the Examinations Appeals Board normally checks a notice of appeal only marginally. The Board does not itself assess the interim examination anew and does not take the place of the examiner.

8. Interested parties

The Examinations Appeals Board primarily offers legal protection to students and extraneous students. In some situations however it is possible that future students or extraneous students or those following the course may be afforded legal protection. The taking of any decisions in this regard rests with the Examinations Appeals Board and depends on the actual circumstances of the case.

Based on the Higher Education and Research Act of The Netherlands (WHW) the staff of the college and the Examining Boards are not regarded as persons concerned who can appeal to the Examinations Appeals Board. That means that should an examiner, for example, not be in agreement with a decision of the Examining Board, that he or she cannot appeal to the Examination Appeals Board.

The person instituting the appeal is generally known as the appellant.

9. First out-of-court settlement

Prior to considering the appeal the Examination Appeals Board sends the notice of appeal to the body or official who has made the decision (further referred to as: the respondent) and against whom the appeal is made, in order to see whether it is possible to settle the dispute amicably. The respondent is given not more than three weeks in which to arrive at a decision. Should no decision be reached or should it be clear that no amicable settlement is possible; the dispute is then submitted to the Examination Appeals Boards. In urgent cases it is possible, in the opinion of the Examination Appeals Board, to deviate from the stated period of three weeks.

10. No suspended effect

The commencement of appeal has no suspended effect. That means that should a person concerned have instituted an appeal against a decision that does not result in there being any suspension of the decision reached. Should it be decided to suspend a decision until a resolution has been reached in appeal, it is possible to request the Chair of the Examination Appeals Board for a temporary provision.

11. Simplified treatment and opposition

In some cases the Chair of the Examination Appeals Board may immediately dismiss the notice of appeal. This is known as a simplified treatment. A notice of appeal may be simplified for example should the Chair be of the opinion that it manifestly is inadmissible or obviously unfounded. In such a case there is no oral treatment of the appeal and the interested party receives the decision of the Chair by post. Should any interested party not be in agreement with the decision of the Chair to deal with the matter simply, he or she may lodge opposition to such within four weeks of the dispatch of the decision. The notice of opposition should be sent to the secretary of the Examination Appeals Board. Where a notice of opposition is lodged the appeal will still be handled.

12. Accelerated proceedings and provisional arrangements

Action taken by the Examination Appeals Board usually lasts from four to six weeks. The parties concerned cannot always wait that long and are sometimes interested in having a decision made as quickly as possible. Provisions are made for this in the regulations. Those persons concerned with a pressing interest in the matter may ask for provisional arrangements to be made or request accelerated proceedings and may in that case obtain a more rapid decision, should the action requested be granted, regarding the subject of the appeal.

13. Hearing procedure

Should it be determined that a notice of appeal be treated orally, both parties are invited to be present and are also given the opportunity to address the Board. Should a person concerned introduce experts or witnesses this is only possible if it has been announced in writing to the Examination Appeals Board and to the other party not less then five days prior to the session.

14. Legal assistance: lawyer or authorised person

The interested parties are not required to engage the services of a lawyer for an action with the Examination Appeals Board. It is possible to conduct the action themselves or to have themselves represented by an agent authorised in writing, not being a lawyer. The costs of the legal assistance with the Examination Appeals Board are always for the account of the person concerned.

15. The cost of proceedings

Proceedings conducted with the Examination Appeals Board are free of charge. Any costs of an authorised representative, lawyers and interpreters are for the account of the appellant.

16. Decision

Should the appeal be considered to be well-founded the decision challenged is annulled in whole or in part. The Examination Appeals Board is not competent to make a new decision to take the place of the decision annulled in whole or in part. It may determine such anew or, should the decision be refused, that it be determined that the matter or the internal examination or the examination, the entrance investigation, the supplementary research or any part thereof be undertaken anew on conditions set by the Examination Appeals Board. Any decisions of the Examination Appeals Board are binding on both parties and no further appeal is possible.

17. Where to be found

The rules regarding the Examination Appeals Board are to be found in the Student Charter and in the Teaching and Examination Regulations (OER) of each course. In addition information regarding the Examination Appeals Board may be found in Chapter 7, title 4 of the Higher Education and Research Act of The Netherlands.