Complaints
One of the tasks of an Examination Board (EB) is settling cases that are brought by a student or students concerning assessments or the final examination. Complaints can be about violations of the regulations as stated in the EER and in the Rules & Guidelines of the Examination Board. Students may complain (rightly or wrongly) if they believe that an assignment has not been assessed fairly or for instance if a written test was much more difficult than could be expected or included questions that did not fit in with the subject matter as being taught.
Complaints to be dealt with by the Examination Board, are about the conduct of the EB (members) or examiners. If a student wants to submit a complaint that concerns decisions made by an EB or by an examiner, they can appeal to the Board of Appeal for Examinations (Dutch: College van Beroep voor de Examens, CBE).
In general, students will be encouraged to discuss any issues about the assessment with the responsible examiner first. However, if no satisfactory solution is found, students may approach the EB. The EB will investigate the matter, if necessary with the help of an assessment expert, and see if they can come up with advice to solve the problem. The EB is not in a position to adjust the assessments or grades given. That is up to the examiner.
Complaints can be made either orally or in writing. EB's may require students to submit their complaint in a specific way, for instance by using a special email address ("complaints desk") or filling in a form. At least it should be clear for students how they can submit a complaint and what they can expect as the next steps in the process.
The EB must ensure careful handling of these complaints. What exactly constitutes a careful settlement will differ from case to case. Sometimes an informal form of settlement can work out well if it is done to the satisfaction of the complainant. In other cases, it involves the involved parties being heard and being able to react to each other (Dutch: hoor en wederhoor).
If a student doesn't agree with the proposed decision of the EB, if they want to appeal the EB decision, they can go to Board of Appeal for Examinations, see below.
CBE and Raad van State (and CBHO)
The Board of Appeal for Examinations (Dutch: CBE) handles appeals against written decisions by the Examination Board and examiners (e.g. about the order, approval, scoring or re-examination of courses, practicals, exams or assignments). Any student (prospective or former student/external candidate) can lodge a formal complaint, appeal or objection through the UT Complaints Desk. The Complaints Desk is located at Student Services in the Contact Centre.
The Complaints Desk doesn’t handle the case itself but assesses the issue to decide on the follow-up. If necessary the Complaints Desk will send the case to the proper authorities.
The term within which an appeal must be submitted is six weeks. In urgent cases, a student may request a temporary facility pending a decision on the primary question. The student must be able to demonstrate a direct interest. The student's request must be submitted in writing and sent via the Complaints Desk. What might happen next is described on this page: Contact | UT Complaints Desk & CBE | Student Services (utwente.nl)
In the decision-making process in general, the CBE will hear the involved parties and always take into account the law, the EER that applies to the study programma in question and the Rules & Guidelines of the Examination Board concerned. If no satisfactory solution can be found, students the decision to the Raad of State within six weeks. A student pays a court fee of € 50.
NB. Before 2023 students could appeal to the national Higher Education Appeals Tribunal (Dutch: CBHO). The Appeals Tribunal gave a final ruling on such an appeal. From Jan. 2023 the CBHO was dissolved. As stated on their website (although in Dutch, and translated here): On 1 January 2023, an amendment to the Higher Education and Scientific Research Act came into force and the CBHO ceased to exist. Students wishing to appeal a decision of a university or college body must now do so to the Administrative Law Division of the Council of State. Appeals lodged with the CBHO that have not been disposed of by 1 January 2023 have been transferred to the Administrative Law Division. Information on the handling of appeals in student cases by the Administrative Law Division can be found on the following webpage: www.raadvanstate.nl/studentenzaken.
Dutch: Opheffing CBHO. Nieuwsbericht | 01-01-2023 | Op 1 januari 2023 is een wijziging van de Wet op het hoger onderwijs en wetenschappelijk onderzoek in werking getreden en is het CBHO opgehouden te bestaan. Studenten die beroep tegen een beslissing van een orgaan van een universiteit of hogeschool willen instellen, moeten dit nu bij de Afdeling bestuursrechtspraak van de Raad van State doen. Bij het CBHO ingestelde beroepen die op 1 januari 2023 niet zijn afgedaan, zijn aan de Afdeling bestuursrechtspraak overgedragen. Informatie over de behandeling van beroepen in studentenzaken door de Afdeling bestuursrechtspraak is te vinden op de volgende webpagina: www.raadvanstate.nl/studentenzaken.
Be prepared as Examination Board
Because complaints may occur, the Examination Board must exercise due care in the execution of its tasks; ensure that the policy and regulations are clear, communicate this and, in the event of a difference of opinion with a student or lecturer, motivate the individual decisions based on the policy or regulations.
"Common sense, good governance, open communication and polite manners are indispensable ingredients. However, this is not enough, because apart from the fact that situations are not always unambiguous, neither are the sections of the law. And a good interpretation is only possible if the intention of the wording is also taken into account. This does not always turn out to be easy." These words originate from Frank Hendriks of Hobéon. Read more in the report of the workshops (Dutch) he provided during a VSNU meeting in 2016. The report refers to his PowerPoint with casuistry.
Regarding their own ruling in different cases, it can be very interesting for an Examination Board to read about rulings of the CHBO in the past (Dutch) on the archive site. From 2015, case law bundles are also available per calendar year.
During a VSNU-conference in 2016, Frank Hendriks (Hobeon) gave two presentations about cases CBHO dealt with. For a short article (Dutch), see [here].
How to inform students
It is recommended to indicate on the website of the EB of a study programme (or faculty) how students can contact the Examination Board if they have a complaint. It is also advisable to refer to the possibility to appeal a decision. For students, information about these possibilities can also be found in the Student Charter and on the site Contact | UT Complaints Desk & CBE | Student Services (utwente.nl)
Source: Handreiking Examencommissies 2021. Vereniging Hogescholen.