5. Disputes and legal protection
Article 5.1. Scope
The provisions in this chapter do not apply to legal status disputes.
Article 5.2. Objections and appeals
- A stakeholder can object to decisions taken on the basis of these regulations by submitting a written and substantiated notice of objection to the secretary of the Doctorate Board within six weeks after he/she were notified of the decision.
- The chair of the Doctorate Board will establish an advisory committee within four weeks after receiving an objection.
- The advisory committee consists of two members of the Doctorate Board and a chair who is not a member of and does not make any decisions on behalf of the Doctorate Board. The members of the advisory committee were not involved with the PhD track to which the decision relates.
- The advisory committee acts in accordance with the provisions of Article 7.13 of the Dutch General Administrative Law Act (Awb). The advisory committee can hear the stakeholders and is authorised to collect all information necessary to adequately carry out its duties.
- The advisory committee will submit a written recommendation to the Doctorate Board within four weeks. The recommendation will include a report of the hearing.
- Within four weeks after receiving the recommendation, but in any case within ten weeks after receiving the objection, the Doctorate Board will communicate its written and substantiated response to the objection to the person submitting the objection and other stakeholders in the appeal proceedings.
- A stakeholder can lodge an appeal with the Court in relation to the decision as referred to in paragraph 6 within six weeks after the decision was communicated to the person submitting the objection. The chair of the Doctorate Board will in that case represent the Doctorate Board in court.
Article 5.3. Complaints
- Notwithstanding the provisions in Article 5.2, a PhD candidate may, in observance of these regulations, submit a complaint to the chair of the Doctorate Board relating to any conduct or negligence that directly impacted on their interests. If another regulation or facility within Radboud University already provides for the handling of the complaint, the chair of the Doctorate Board will not deal with the complaint.
- The dean will mediate in cases where a complaint has been lodged pursuant to paragraph 1.
- Where the mediation as referred to in paragraph 2 does not lead to agreement, the chair of the Doctorate Board will provide a substantiated recommendation in relation to the merits of the complaint. The chair of the Doctorate Board can also provide specific advice in his or her recommendation.