Appeals
What can be appealed? Appeals can only be lodged against decisions referred to in Article 7.61 of the Higher Education and Research Act [WHW]. This can include decisions relating to / issued by: Board of Examiners; examiners (e.g. the determination of a final mark on an examination); the binding recommendation on continuation of studies; exemption requests/adjustments to the curriculum; admission to Master's degree programmes (for students with prior education abroad). It must regard an individual decision that specifically targets you. Such a decision can also be recognised by the legal remedies clause, which states that you may appeal the decision. How? A letter of appeal can be lodged by email or post. e-mail: examinationappealsboard@tudelft.nl post: Examination Appeals Board FTAO: LS / Legal Affairs Postbus 5 2600 AA Delft What is the time frame? A letter of appeal must be lodged within six weeks . This is a statutory period that starts the day after the decision has been announced (sent to you). Exceeding this time frame may result in the appeal being declared inadmissible. This means that the appeal will not be dealt with on the merits. A declaration of inadmissibility on the basis of the law can only be omitted in exceptional cases, when you cannot reasonably be considered to have been negligent. This means that you cannot be found to be at fault. This will be assessed on a case-by-case basis. Being on holiday is usually not a valid reason. If you disagree with a decision and want to lodge an appeal but the time frame to do so has almost expired, you can submit a pro forma letter of appeal in advance. This is a provisional letter of appeal in which you indicate which decision you want to appeal (also include this decision with the pro-forma letter) and that the grounds for the appeal will follow. After receiving the pro forma letter of appeal, you will be given the opportunity by the secretary's office to complete your letter of appeal within a specified time frame, so that the appeal can then be further processed. What are the requirements? In addition to the appeal time frame, there are a number of legal requirements that a letter of appeal must meet. Make sure that the letter of appeal contains at least the following information: name, address and email address (preferably your TU Delft email address); your signature on the letter of appeal; the date; a description and copy of the decision against which the appeal is lodged; Preferably deliver the copy in PDF format. The copy of the decision must show the original date on which the decision was sent. In this way, it can be determined whether the letter of appeal has been lodged on time. In the event of an appeal against a final mark, a screenshot or printout from the system on which the mark and the date on which the mark was published are clearly visible will serve as a copy of the decision. The grounds of appeal: the reasons why you believe the decision is incorrect and why you are appealing the decision; Name of the faculty and programme at which you are studying. If immediate urgency (extremely urgent) so requires, the chair of the Examination Appeals Board may grant a provisional measure upon request. If you wish to make this request, please clearly state why you believe it is urgent when submitting your appeal. The chair shall decide on this request after hearing from the relevant body or examiner. What happens after the letter of appeal is lodged? Upon receipt of a letter of appeal, the secretary's office will first check whether it contains the necessary information. If this is not yet the case, you will be given the opportunity to rectify the omission with regard to the letter of appeal within a specified time frame. If the letter of appeal is complete, you will receive a confirmation of receipt. The letter of appeal will then first be sent to the department that adopted the contested decision, with the request to investigate whether an amicable settlement of the dispute is possible. In accordance with Article 7.61, paragraph 3 of the Higher Education and Research Act [WHW], a time frame of three weeks is in principle given for this. The department, which in most cases will be the Board of Examiners or the Committee for the binding recommendation on continuation of studies [BSA], will contact you about this. This attempt at an amicable solution is an integral part of the appeal procedure. If it not possible to reach an amicable settlement of the dispute and you want to proceed with your appeal, it will be heard at a hearing with the Examination Appeals Board [CBE]. Hearing with the Examination Appeals Board [CBE] The following will be present at the hearing: three CBE members: a chair, a lecturer and a student; the secretary of the CBE; one or more representative(s) of the respondent; the appellant (you as the student / submitter of an appeal: possibly assisted by an authorised representative or third party). If you wish to be represented by a third party, you must notify the secretary's office in advance and submit an authorisation. This can be done via examinationappealsboard@tudelft.nl . During the hearing, the parties will be given the opportunity to provide an oral explanation of their position. The CBE will also use the hearing to ask any questions related to the dispute. The CBE’s hearings take place approximately every four to six weeks. During the procedure, you will be informed in good time about the date on which your appeal will be processed. After the hearing, the CBE will consider the decision. The decision of the CBE will then be detailed in writing and sent to the parties within a few weeks after the hearing. The decision may have the following outcomes: well-founded; unfounded; inadmissible: if the letter of appeal is lodged too late or does not contain the information described above (such as: name, grounds for appeal, etc.). Important: the CBE does not have the power to substitute its own decision for the contested decision. This means that the CBE is not independently authorised to adjust a grade, grant an extra examination opportunity or grant a postponement of the BSA on the basis of the appeal procedure. If an appeal is well-founded, the CBE will instruct the respondent to take a new decision taking into account what is set out in the CBE decision. What if you do not agree with the decision on the appeal? Do you disagree with the decision of the Examination Appeals Board regarding your appeal? A decision on an appeal may be appealed to the Administrative Jurisdiction Division of the Council of State [ABRvS] within six weeks. This national court is located in The Hague. More information about the procedure can be found on the ABRvS website . Glossary ABRvS Administrative Jurisdiction Division of the Council of State: independent national court where an appeal can be lodged against a decision on objection or decision on appeal. Appellant The person who lodges a letter of appeal to the Examination Appeals Board or the Administrative Jurisdiction Division of the Council of State. Awb General Administrative Law Act: national legislation applicable to objection and appeal procedures. Objector The person who has lodged a letter of objection. Letter of objection or appeal Written document in which you explain why you do not agree with a decision that is open to objection or appeal. BSA Binding recommendation on continuation of studies. BSA Committee Faculty committee that advises the dean on the binding recommendation on continuation of studies. CBE Examination Appeals Board: the appeals tribunal as referred to in Article 7.60 of the Higher Education and Research Act [WHW], where an appeal can be lodged against decisions referred to in Article 7.61 of the WHW. CBS Student Affairs Objections Committee: advisory committee as referred to in Article 7.63a of the WHW and Article 7:13 of the Awb, which advises the Executive Board on objections from students. Authorised representative Person authorised to represent someone in the objection or appeal procedure. This can be an attorney or someone else known to the appellant/objector. Reasoned decision Written decision of the Executive Board or Examination Appeals Board that sets out the reasoned substantiation of the decision on the objection or the appeal. Hearing Opportunity in which the parties can explain their position orally with regard to the objection or appeal. Amicable settlement attempt This is an integral part of the objection and appeal procedure. The respondent is hereby requested to investigate, in consultation with the objector or the appellant, whether an amicable solution to the dispute is possible. NB: this does not mean that a settlement should take place afterwards, but that an attempt was at least made to do so. Inadmissible An objection or appeal will not be dealt with substantively if it does not meet the legal requirements that apply to its processing. Pro forma letter of objection or appeal A provisional letter of objection or appeal. In this pro-forma document, you indicate which decision you want to object or appeal against (also include the decision with the pro-forma document) and that the grounds for objection or appeal will follow. After receiving the pro-forma letter of objection or appeal, you will be given the opportunity by the secretary's office to complete your objection or appeal within a specified time frame, so that the objection or appeal can then be further processed. Legal remedies clause Notice at the bottom of a decision stating which legal remedy (objection or appeal) can be lodged against the decision and within what time frame this must be done. Excusable delay Objections or appeals must be filed within six weeks. This is a statutory period that starts the day after the decision has been announced (sent to you). Exceeding this time frame may result in the appeal being declared inadmissible. A declaration of inadmissibility on the basis of the law can only be omitted in exceptional cases, when you cannot reasonably be considered to have been negligent. This means that you cannot be found to be at fault. Such a case is referred to as an excusable delay in the deadline. This will be assessed on a case-by-case basis. Being on holiday is usually not a valid reason. Respondent The person/body who took the decision against which the objection or appeal is lodged, for example: a Board of Examiners or director of a department. WHW Higher Education and Research Act: national legislation applicable to the university. Decisions CBS Date Case number Defendant Subject Decision 20-09-2024 2024-0096 IDE Awarding cum laude Well-founded
