Student Charter chapter 10: Legal protection
Chapter 10 of the Tilburg University Student Charter: Legal protection. In the Student Charter, students’ rights and duties are set out in the areas of education, tests and examinations, student facilities, participation, legal protection, etc.
10.1 The Central Desk for Disputes and Complaints
10.1.1
The Central Desk for Disputes and Complaints is an accessible and clear facility, set up in accordance with article 7.59a WHW. A student whose interests are directly affected can file a complaint or an objection with this central desk online or in writing to a decision made by a university body or the lack of one, under the law or internal regulations based on the law.
10.1.2
In article 10.1.1, a ‘student whose interests are directly affected’ means in this chapter student, a prospective student, a former student, an external student, a prospective external student and a former external student.
10.1.3
Complaints, appeals and objections will be handled in accordance with the procedure laid down in Chapter 4 of the Administration and Management Regulations.
10.2 Complaints
10.2.1
A student whose interests are directly affected may lodge a complaint with the Central Complaints Desk, preferably online on www.tilburguniversity.nl/complaint . Before submitting a complaint, students may obtain advice from the dean of students.
10.2.2
The term for submitting a complaint is one year, counting from the date on which the behavior related to the complaint took place. The date on which the complaint is received will determine whether or not a complaint has been submitted in time (article 4.31 lid 1 BBR).
10.2.3
After submitting a complaint to the Central Complaints Desk, the student whose interests are directly affected will receive a proof of receipt and the complaint will be sent to the responsible dean or director of the school or department to be handled. They will then deal with the complaint within six weeks.
10.2.4
The university handles complaints by a student making a complaint mutatis mutandis with Part 9.1 of the General Administration Act.
10.3 Examination Appeals Board (CBE)
10.3.1
A student whose interests have been directly affected may appeal against a decision or a refusal to come to a decision by the examination committee to the Examination Appeals Board by submitting a notice of appeal preferable on line at www.tilburguniversity.nl/appeal or in writing at the Central Desk for Disputes and Complaints. This concerns decisions
a) pertaining to determination of the number of credits in connection with academic progress;
b) in individual cases, pertaining to admission to examinations;
c) of examination committees and examiners;
d) pertaining to colloquium doctum committees.
10.3.2
A student whose interests are directly affected and who wishes to appeal, must do so within six weeks after the day the decision was made public (article 7.59a paragraph 4 WHW).
10.3.3
Before dealing with the appeal, the Examination Appeals Board will send the notice of appeal to the body which has either made the decision or refused to make it, with an invitation to enter into consultation with the person involved to discover if it is possible to settle the dispute amicably. This must be done within three weeks. If a settlement is not possible, the notice of appeal will be considered by the Examination Appeals Board (article 7.61 paragraph 3 WHW).
10.3.4
The Appeals Board makes a decision within ten weeks after the time limit for filing a notice of appeal has expired (article 7.61 paragraph 4 WHW).
10.3.5
In emergency cases, the student whose interests are directly affected may request the chairperson of the Examination Appeals Board to decide on a provisional arrangement while awaiting the main decision. The reasons for this request must be stated clearly. The chairperson will decide on this request, after hearing the body in question or the examiner in question (article 7.61 paragraph 6 WHW).
10.3.6
New facts or circumstances may lead to a revision of the decision.
10.3.7
Appeals against decisions by the Examination Appeals Board may be lodged with the Administrative Jurisdiction Division of the Council of State within six weeks.
10.4 Objections to the Executive Board
10.4.1
A student whose interests are directly affected may submit a notice of objection to the Executive Board within six weeks after a decision by or on behalf of the Executive Board has been made known, preferable on line on www.tilburguniversity.nl/objection or the postal address of the Central Desk for Disputes and Complaints. If the objection concerns the failure to make a decision or a late decision, the notice of objection must be submitted within eight weeks after the day upon which the request to make a decision was received.
10.4.2
The notice of objection must be directed against a decision or refusal to make a decision concerning one of the following matters:
a) registration as a regular or external student;
b) termination of the registration as a student owing to illness or family circumstances;
c) payment, exemption, reduction or refunding of tuition fees;
d) financial aid for the student;
e) the granting of a declaration that the examination certificate for a passed examination can be issued;
f) the opportunity to finish a program in the event that it is terminated;
g) denial of access to university buildings and premises.
10.4.3
The Advisory Committee for Objections and Appeals will examine whether the parties can reach an amicable settlement. If this is not possible, the committee will hear the parties before advising the Executive Board on the decision to be taken.
10.4.4
The Executive Board will reach a decision within ten weeks of receiving the notice of objection.
10.4.5
If the case is urgent, the chairperson of the committee may, upon request, determine that the committee issue advise to the Executive Board as quickly as possible. The chairperson will decide within a week of receiving the appeal if the case is of an urgent nature and will inform the student whose interests are directly affected and the Executive Board of this as quickly as possible.
10.4.6
Appeals against decisions by the Executive Board may be lodged with the Administrative Jurisdiction Division of the Council of State within six weeks.
10.5 The Administrative Jurisdiction Division of the Council of State
10.5.1
The Administrative Jurisdiction Division of the Council of State, that considers appeals that a student whose interests are directly affected has lodged against a decision taken by the Examinations Appeals Board or the Executive Board, taken on the grounds of the WHW and the regulations based upon it (Article 7.64 WHW).
10.5.2
The student whose interests are directly affected may appeal directly to the Administrative Jurisdiction Division of the Council of State within six weeks after the day upon which the decision on the appeal or objection was made known. If a notice of appeal is lodged after this period, it will only be considered if the student whose interests are directly affected can prove that it was not reasonably possible to submit the notice earlier.
10.5.3
The student whose interests are directly affected may request a provisional arrangement from the chairperson of the Administrative Jurisdiction Division of the Council of State if, in view of the interests affected, one could speak of an emergency situation.
10.5.4
There is no possibility to appeal against a decision of the Administrative Jurisdiction Division of the Council of State.