Filing an appeal

Your appeal needs to be based on legal grounds. This means you need to prove that the contested decision breaches the law (article 7.61 paragraph 2 WHW). Examples of this are:

• A decision violates a general binding regulation, e.g. the Education- and Examregulation (EER) or other UM rules and regulations;
• The decision implicates the abuse of power or unreasonable decision-making.
• The decision infringes or violates a general principle of sound administration, for example the principle of legitimate expectations (the Board of Examiners does not adhere to a certain pledge) or the obligation to state reasons (the decision is based on untruthful information or it lacks a sound reasoning).

Naturally, you need to explain and argue these appeal grounds in your notice of appeal!

Once you have filed an appeal with Maastricht University (UM), you have started an official legal procedure, to which (parts of) the Dutch General administrative law Act (Algemene wet bestuursrecht) is applicable. The procedure will proceed as follows:

Acknowledgement of receipt
Once you have submitted your appeal, the CSP will send you an acknowledgment of receipt by email as soon as possible. The CSP will then forward your appeal to the CBE. You receive a separate confirmation of receipt by email from the CBE.

Pro forma appeal
It is important to file your appeal on time and do not let the six weeks deadline expire. In case you find yourself unable to file the appeal on time or in case you are still waiting for answers to your questions, it is possible to file a pro forma notice of appeal with the CSP. This means that you announce your intention to file an appeal, but refrain from providing the grounds for your appeal. After the CBE has received your pro forma appeal, they will determine the timeframe within which you have to provide the grounds nonetheless.

Attempt for amicable settlement
The CBE will begin by sending your appeal to the relevant UM body that made the decision you are appealing. The CBE will ask that body to consider, within a reasonable time, whether the appeal warrants a reconsideration of its decision or a possible amicable settlement. It is likely that the relevant body will contact you by email or phone to discuss your appeal and the contested decision. The outcome of this enquiry may also be that no amicable settlement is reached, but that after discussion you no longer wish to proceed with the appeal. In this case, you can withdraw the  by sending a notice of withdrawal to the CBE.

Hearing
If an amicable settlement is not reached within the time limit, you will receive an email from the CBE inviting you for a hearing. Before the hearing, the CBE will also send you the written response from the relevant UM body who has replied on your letter of appeal. This way, you are able to prepare for the hearing and reply to their arguments during the hearing. During the hearing, the representatives of the relevant UM body will also be invited. You have the right to be represtented by a lawyer  or to authorise somebody else to represent you on your behalf in your case (but you are not obliged to do so). You may also bring witnesses and/or experts.

A hearing will not be held if your appeal is obviously inadmissible or obviously unfounded, or if neither party wishes to exercise their right to a hearing.

Judgment/Decision
The CBE will make a decision within sixteen weeks from the day after the CBE receives your appeal. The decision is based on the documents submitted and the arguments presented during the hearing. Possible judgments are:

• The appeal is not admissible: as a consequence of procedural defaults (e.g. submitting an appeal after the legal term for submitting an appeal has passed without a reasonable ground). The CBE will not assess the objection substantially in this case.
• The appeal is unfounded: the contested decision stands.
• The appeal is founded: the contested decision is (partly) voidable and the responsible UM body is required to take a new decision, taking into account the judgement of the CBE.

Please note: The CBE does not have the competence to (partly) replace the contested decision with a new decision that they have taken themselves. This means that they do not have the competency to assess an exam substantially or change a grade or result themselves. They merely make a marginal assessment and check if the body or person concerned has reasonably, without violating any laws or regulations, taken the contested decision.

Competence
The competence of the CBE is based on articles 7.60 up to and including article 7.62 of the WHW. You can also read more about the competences of the CBE in the Student Charter.

The rules governing appeals to the CBE are set out in  the Rules of Procedure of the Board of Appeal for the Examination.

Lodging an appeal does not mean that the implementation of the contested decision is suspended. Sometimes itmeans that a decision by the CBE within a short time is essential, as the absence of such decision may have irreparable consequences for you. In this case, you may request for a temporary injunction. This means that you will have to prove that a speedy judgement by the CBE is absolutely necessary in your case. For example, if you are facing serious study delay or other serious harm without a decision. A temporary injunction is an urgent procedure that is separate from the assessment of the merits of your appeal. The chair of the CBE will invite both parties to a hearing and will make a decision as soon as possible. This temporary injunction will be set aside once the CBE has taken a decision on the merits of the case.  

The CBE’s decision on your appeal will, in principle, be taken within ten weeks after the term for lodging your appeal has passed (Article 7.60 paragraph 4 WHW and Article 20 of the Rules of Procedure of the Board of Appeal for the Examinations).

You can appeal against the decision of the Board of Appeal to the Administrative Jurisdiction Division of the Council of State in The Hague. The deadline is six weeks after the decision of the Board of Appeal and there are costs associated with this procedure. More information and contact details can be found on the website of the Council of State: www.raadvanstate.nl/studentenzaken