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Appeal to the Examination Appeals Board

When
If you disagree with a written decision of the Examination Board or the examiner then you may appeal to the Examination Appeals Board, for example for decisions regarding a binding study advice, exemptions and assessments of (preliminary) exams. Also if the Examination Board or the Examiner refuses to take a decision regarding the abovementioned subjects you are able to appeal. The option to appeal is often given in the letter.

How
The letter of appeal must be received within six weeks of the decision date! Should your written objection not be received on time, then it could be declared inadmissible.

If you need more time you can submit a pro-forma written objection within the given term of six weeks announcing your wish to appeal the decision. The arguments for such appeal can be submitted at a later date. After receiving a pro-forma letter of appeal, the Examination Appeals Board shall provide a term in which the reasons for the appeal must be received.

The letter of appeal must contain the following:

  • name and address of the person appealing the decision;
  • institute, student number, telephone no. and email address (email correspondence from the Examination Appeals Board shall be sent to your @student.ru.nl email address);
  • name of the relevant examiner, Examination Board or other body that has taken the decision;
  • grounds for the appeal, reasons for the appeal and grounds on which the appeal is based;
  • description of the decision against which the appeal is made, a copy of the decision should accompany the letter!
  • date and signature;

Where
The letter of appeal can be filed digitally to the Central Complaint Office or in writing to:

The Examination Appeals Board For the attention of:
The Secretary
Department of General and Legal Affairs
Radboud University
PO box 9102
6500 HC Nijmegen

De procedure
The Examination Appeals Board (EAB) is made up of the Chairman, three members of the scientific staff and one student member. The EAB is assisted by the secretary and a substitute secretary. The EAB usually holds sittings with five members

Admissibility of the appeal
If your letter of appeal is received in full and on time you shall be sent an acknowledgement of receipt by the EAB. Should you fail to comply with the rules regarding the term for filing and the content of the letter of appeal, you may give reasons for this or amend your letter of appeal. A letter of appeal not received on time is inadmissible. This means it will not be considered.

Amicable settlement
Before your letter of appeal is taken into consideration the EAB shall investigate if the matter can be settled amicably, this is called an attempt to settle the dispute amicably. The EAB forwards a copy of the letter of appeal on to the person who has taken the decision requesting him or her, together with parties concerned, to reconsider the matter. The other party must invite you for a discussion within 5 days of receipt of the letter of appeal. The other party must inform the EAB within 21 days as to whether an amicable settlement has been reached. In special cases the Chairman of the EAB can decide to skip the attempt to settle the dispute amicably.

Hearing proceedings
If the attempt to settle the dispute amicably fails, then the other party can submit a written defence to the EAB in which he states his viewpoint on the matter. Should an amicable settlement not be possible, then the EAB shall consider the appeal.Both parties shall subsequently be called to attend a hearing where parties can be represented by an authorised representative (proof of authorisation must be provided in the form of a signed authorisation). Parties can also be assisted by a lawyer or other (legal) advisor, in the case of a student a dean can fulfil this role. Parties can also be accompanied by witnesses and/or experts. In the following cases the EAB can decide not to hear the appeal: if the appeal is inadmissible, if parties do not wish to be heard or if the appeal is sustained. The EAB shall take a decision within ten weeks of receipt of the letter of appeal and inform the parties accordingly.

Preliminary relief
In some cases a judgement is required from the CBE at short notice. In certain cases you can request preliminary relief. You must be able to show that in your case a speedy decision is necessary. This emergency procedure takes place alongside the main case. The Chairman of the EAB hears both parties and makes judgement as quickly as possible, this is called preliminary relief. The preliminary relief lapses as soon as the EAB takes a decision in the main case.

The regulations concerning the appeals procedure of the CBE can be found in the Rules of Procedure of the Examination Appeals Board (annex 7 to the Students' Charter)

Appeal
You can appeal a decision of the Examination Appeals Board to the Appeals Tribunal for Higher Education, PO box 16137, 2500 BC Den Haag. The term of appeal is six weeks. The filing fee is adjusted annually, the current fee can be found on the CBHO website. Be aware that correspondence, including letters of appeal, should be written in Dutch.

More information and the process rules can be found at www.chbo.nl/english. Please note: Appeal can only be made to the Higher Education Appeals Board after the objection procedure of the Examination Appeals Board of Radboud University is fully completed.

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