Legal Protection

Legal Protection

Objections and Appeals

If you disagrees with a decision by a university body such as the Executive Board, the Dean, the Examination Board or an examiner, there are legal redress possibilities. You can submit an objection or lodge an appeal against this decision. Which procedure should be followed is specified by law and depends on the type of decision involved. All decisions should include an appeals clause, which refers to the appropriate legal process. Both procedures are briefly described as follows.

Appeals procedure

A student who objects to a decision of an examiner (e.g. assessments) or the Examination Board may lodge an appeal with the Examination Appeals Board (in Dutch College van Beroep voor de Examens (CBE)) of Erasmus University Rotterdam. In urgent cases, the chair of the CBE can be requested to make provisions.

Only an interested party, that is a person whose interest is directly involved in a decision, can lodge the appeal. The appeal has to be lodged within six weeks of the announcement of the disputed decision. If the appeal concerns a decision that was not made on time, it must be submitted within a reasonable period of time.

The appeal should be submitted at legal.protection@eur.nl to the attention of the CBE-EUR. For further information check http://www.eur.nl/english/essc/legal_position/objections_and_appeals/ or the Student Information Leaflet "Submitting an appeal with the Examinations Appeals Board" (available at the ESSC (Hall E-Building). You can also visit the website of the CBE-EUR (in Dutch), where you can find the CBE's rulings on various disputes.

Before the CBE-EUR deals with the appeal, there is a settlement phase, in which the Examination Board concerned attempts to settle the lawsuit amicably (= formal amicable settlement attempt).

The CBE-EUR assumes that the complainant him/herself will first have made contact with the examiner concerned or with the Examination Board, in order to try to reach agreement (=material amicable settlement attempt). Account should be taken of the fact that meanwhile the period of six weeks for lodging an appeal with the CBE-EUR continues to run. In view of this, a provisional appeal can be lodged for the interim.

If the settlement attempt fails, parties will be invited to a sitting of the Examination Appeals Board. The sitting is in Dutch. Foreign students are recommended to take an interpreter with them to the sitting.

If a student disagrees with the decision of the CBE-EUR regarding their objection, he/she can submit an appeal to the Higher Education Appeals Tribunal in The Hague within six weeks of the decision.

For further information check www.eur.nl/english/essc/legal_position/objections_and_appeals.

Further information about the procedure can also be obtained from the Secretary of the CBE-EUR by e-mail to cbe@eur.nl.

Objections procedure

You can submit a notice of objection against decisions by or on behalf of the Executive Board. This mainly concerns decisions on enrolment as a student, decentralised selection, termination of enrolment, payment or refund of tuition fees, financial aid and having been barred entry to the university’s buildings, premises or facilities. You can also submit an appeal against the written refusal to make a decision or if a decision is not taken in a timely manner.

Of course, you do not necessarily have to start an appeal or objection procedure if you have a difference of opinion with someone. Talking to the person who took the decision is often enough to resolve the issue.

The notice of objection should be submitted at legal.protection@eur.nl In all cases the period of objection is six weeks.

Your notice of objection will first be handled by the Advisory Committee on Objections. This Committee advises the Executive Board about your objection, after which the Executive Board reconsiders the case and makes a decision regarding your objection. Before issuing its advice, the Committee will also investigate whether an amicable settlement between parties is possible. The Executive Board shall decide on the objection no later than 10 weeks after receipt of the notice of objection.

If you disagree with the decision regarding your objection, you can submit an appeal with the Higher Education Appeals Tribunal in The Hague within six weeks of the decision.

You can find more information about this Objection Procedure on this EUR-website.