Examination appeals procedure

If you haven’t yet received a decision, you must first submit a request to the examinations board for your degree programme.

How do I complete the appeal form?

The form for submitting an appeal will take you through a number of questions. At a minimum, your notice of appeal must include the following information:

• The name and address of the person submitting the appeal. If you have an AUAS ID, your details will be filled in automatically, based on the information stored in SIS. Check that your details are correct, particularly your email address.
• Where applicable: your student ID number and the name of the degree programme to which the appeal relates.
• A copy of the decision you are appealing. It is important to make sure that the date of the decision is clearly visible. (NB: For an appeal against a mark/grade, the decision is the email you received from SIS stating the recorded mark or grade*.)
• Your comprehensive reasons / the grounds for the appeal.
• If you have arranged for a representative to handle your case on your behalf: the name, address and email address of the representative.

In the notice of appeal, you must state the reasons why you disagree with the decision you are appealing. Attach any documents that support your position.

If you carefully complete the form and upload the requested documents, your appeal should meet the set requirements. Carefully check your details and click ‘Submit’. You will receive an automatic reply to confirm that your appeal or objection has been received by the BBK Office. This email will also contain the assigned case number. Make a note of this number.

*If you disagree with the grade you were given for an examination, it is important to be aware that, as a general rule, the CBE only carries out a cursory check of disputed grades. The CBE will not re-mark the examination, it will only check that the grade was arrived at in accordance with the correct procedure. You cannot appeal your grade for an interim examination, you can only appeal a final course grade.

When can I apply for a provisional remedy?

Submitting an appeal does not suspend the effect of the decision. This means that submitting an appeal will not put the implementation of the decision ‘on hold’. You may therefore need to ask for a provisional remedy. A provisional remedy is a temporary measure that ensures that a student does not suffer any unnecessary delay during the appeals procedure. This relates to delays that are connected to the appeal. For example, a student who receives a negative binding study advice may request permission to continue their studies notwithstanding the advice. For an appeal relating to an additional resit opportunity, you can ask to be allowed to sit the normal examination in the meantime. If your appeal is later rejected, you cannot claim any rights on the basis of the provisional remedy. If you have sat an interim examination as a result of a provisional remedy, it won’t be marked. A provisional remedy will be granted only if there is an urgent interest in doing so. If you think you may be eligible for a provisional remedy, you can say so in the form.

I have submitted an appeal. What happens now?

1. Amicable resolution

Once you have submitted the appeal form, the system will automatically send you a confirmation of receipt with a reference number (case number). The BBK Office will check that your notice of appeal is complete. If it is, it will be sent to the examinations board concerned with a request to check, within three weeks, whether the appeal can be resolved amicably. The examinations board will invite you for an in-person meeting or telephone conversation. An amicable resolution means that you have found a solution and the appeal can be withdrawn (ended).

2. Response and hearing

If no resolution is reached, the Examination Appeals Board will ask the examinations board to submit a statement of response. In its statement of response, the examinations board will argue why the decision you are contesting was correct.

In most cases, the CBE will hold a hearing to consider your notice of appeal. Both you and the examinations board will receive emails inviting you to attend the hearing. At the hearing, you will have an opportunity to explain your notice of appeal, and the examinations board will explain its statement of defence. If you wish to call experts or witnesses, you must notify the CBE and the other party in writing at least five days before the hearing. You can do this by replying to the email you received inviting you to the hearing.

3. Ruling

The CBE will issue a ruling within ten weeks from the day after the date on which the timeframe for submitting an appeal elapsed. If your appeal is upheld, the contested decision will be partially or completely overturned. The CBE does not have the power to make a new decision; this will be done by the examinations board.

Rulings of the Examination Appeals Board are binding on you as a student and on the examinations board. You can appeal a ruling of the Examination Appeals Board to the Council of State.

Are there any costs associated with CBE proceedings?
Proceedings conducted by the CBE are free of charge. You are not required to have a lawyer or other representative for CBE proceedings, but you can if you wish. The costs involved in obtaining legal assistance with CBE proceedings are at your own expense.

Who or what is the CBE?
The CBE comprises three members: an independent chair, a lecturer member and a student member. The chair is not an AUAS employee.

Student as interested party/appellant
The Examination Appeals Board primarily provides legal protection for enrolled students. Sometimes, students have the option of enrolling solely for examinations, without attending classes or lectures (external students). It is sometimes possible for future or external students to submit an appeal against a decision they disagree with. Such appeals are sent to the Examination Appeals Board for consideration, depending on the specific circumstances of the case.
Under the Higher Education and Research Act (WHW), employees of a university of applied sciences or examinations board cannot submit an appeal to the CBE. This means that if an examiner, for example, disagrees with a decision of an examinations board, he or she cannot appeal that decision to the CBE. A person who submits an appeal is generally referred to as an ‘appellant’.

Students’ Charter
You can find more information about this appeals procedure in the Students’ Charter.