If you disagree with a decision that was made by the Examining Board or an examiner, you may appeal against the decision by lodging an appeal with the Examination Appeals Board. Examples of such decisions are those that are made about Binding Study Advice, the assessment of an examination or an application that has been rejected by the Examining Board. You can also lodge an appeal if the Examining Board or examiner does not reach a (timely) decision.
Conditions
The appeal must be received within six weeks of the date of the decision. If your appeal is not received on time, it may be declared inadmissible. In such cases, the appeal will not be dealt with substantively.
If you need more time, you may lodge a pro forma appeal within the six-week period; when doing so, you will need to specify the decision to which your appeal pertains. Once the Examination Appeals Board has received the pro forma appeal, it will set a time limit within which you will ultimately be required to explain the content of your appeal.
How do I lodge an appeal?
1. Appeals may be lodged digitally via the Central Office Legal Protection Students. In their form, you fill in all the required information, after which you will receive an automatic confirmation by e-mail. You will then receive a message with information on the further handling of your appeal within a few days.
2. If you wish to lodge your appeal by post, please ensure that it contains the following information:
- The name and address of the person who is lodging the appeal;
- The name of the study programme, student number, telephone number and email address of the person who is lodging the appeal (any emails from the Examination Appeals Board will be sent to an @ru.nl email address);
- The date and signature of the person who is lodging the appeal;
- A list of the reasons for why you are appealing against the decision;
- A description of the decision against which you are appealing;
- A copy of the decision against which you are appealing.
Your appeal should subsequently be sent to:
Examination Appeals Board
Attn.: Secretary
Department of General and Legal Affairs (Bestuurlijke en Juridische Zaken)
uu77 Nijmegen
Postbus 9102
6500 HC Nijmegen
3. You can also hand-deliver your appeal to the Berchmanianum receptionist at Houtlaan 4 in Nijmegen. In this case, follow the same instructions for the contents of the notice of appeal as in option 2 above. Make sure the porter notes the date of issue when you issue the appeal.
Procedure
- Once your appeal has been received, you will receive an acknowledgement of receipt from the Examination Appeals Board. If there is any information missing from your appeal, you will be given the opportunity to complete the details.
- Appealing to the Examination Appeals Board is free of charge.
- Before the Examination Appeals Board deals with your appeal, they will check to see whether they can settle the matter among themselves. This is known as an attempt to reach an amicable settlement. The Examination Appeals Board will forward a copy of your appeal to the Examining Board with the request that they consult with all of the relevant parties to see whether the matter can be resolved.
a) The intention is that the Board of Examiners will invite you to a settlement discussion within five working days of receiving your appeal. The Examining Board must inform the Examination Appeals Board within 21 days about whether an amicable settlement has been reached. If a settlement has been reached, the matter will be closed.
b) If an amicable settlement cannot be reached, the Examining Board or examiner shall subsequently submit a statement of defence to the Examination Appeals Board, which will include the Examining Board’s or examiner’s perspective on the matter.
In exceptional circumstances, the chair of the Examination Appeals Board may decide to forgo an attempt at an amicable settlement. - If an amicable settlement has not been reached, the Examination Appeals Board will process the appeal.
- Both parties will be summoned to a hearing. If you wish, you may seek the assistance of an authorised representative. Both parties will also be permitted to bring their own witnesses and/or experts. The Examination Appeals Board may dispense with a hearing if: the appeal is inadmissible, the parties do not wish to be heard or if the appeal has been fully satisfied.
- The Examination Appeals Board shall make a decision within 10 weeks of the close of the appeal period and informs the parties of the content of the decision.
- If the appeal is upheld, the decision is annulled and the body concerned must make a new decision taking into account the Examination Appeals Board's decision. Note: the Examination Appeals Board is not authorised to assess the content of an examination, paper or thesis itself. The Examination Appeals Board cannot therefore award a mark itself.
Provisional ruling
Sometimes, a decision is required from the Examination Appeals Board at short notice. In such cases, you can request a provisional ruling. In this instance, you will need to be able to prove that your case requires a temporary provision. This provison is a temporary ruling only and is separate from the hearing of the main case (the appeal). The chair of the Examination Appeals Board will hear from both parties and promptly make a decision whether or not to grant a provision. The provisional ruling will cease to apply once the Examination Appeals Board has made a decision in the main case.
The rules regarding the appeal procedure at the EAP can be found in section 3.2 of the Administrative and management regulations and in the Rules of Procedure of the Examination Appeals Board (in Dutch).
Verdicts
To get an idea of the cases the Board of Examinations handles, here is an overview of its decisions from the past 10 years.
Appeal
If your appeal has been settled and you do not agree with the outcome, you may subsequently lodge an appeal with the Appeals Tribunal for Higher Education.
Please note: as of 1 January 2023, the Higher Education Appeals Board will be discontinued. From that date, the tasks of this Board will be continued by the .