Read the information at appeals, objections and complaints. If you're question is not answered, please find it below.
The objections and appeals procedure
What is the timeframe for submitting my appeal or objection?
You must submit your appeal or objection within six weeks of being notified of the decision.
How do I submit an appeal or objection?
You need to use the designated form that can be found on the appeals, objections and complaints page. Once you have submitted your appeal or objection, you will receive an automatic confirmation of receipt with a reference number. In the subject line of this email, you will see a year followed by a string of numbers, e.g.: 2023-011111. This is your personal case number.
What can I contact the BBK Office about?
The BBK Office does not give advice about the substance of a case or the chances of success. However, you can contact the BBK Office if you have any questions about the procedure. You can contact the BBK Office through your case file in myinfo or via firstname.lastname@example.org.
What happens after I submit my appeal or objection?
The BBK Office records your appeal or objection and, if it is complete, sends it to the other party. The ‘other party’ is the body or person who made the decision you disagree with. The first step will be a meeting (or telephone call) between you and the other party, to see whether the matter can be resolved amicably. If this doesn’t work, the CBE or GAC will schedule a hearing for your case. You and the other party will be invited to the hearing to provide a verbal explanation of your case. The CBE and GAC will then make a ruling or issue advice.
Can my appeal or objection be handled in a language other than Dutch?
In principle, proceedings are conducted in Dutch. Rulings, advice and decisions are always written in Dutch.
I submitted my appeal or objection too late. What will happen to my appeal or objection?
The BBK Office will check whether your appeal or objection was received in time. If your appeal or objection was submitted too late, the BBK Office will ask you why you did not submit it in time. Your appeal or objection will be sent to the other party anyway, with a request to see whether an amicable resolution is possible. If your case cannot be resolved amicably, the CBE or GAC will check the reason you gave for missing the deadline to see whether you were really in a position to submit your appeal or objection in time, or whether you did submit it in time, but sent it to the wrong place. If this is not the case, your appeal will be deemed ‘inadmissible’ and the substance of your appeal or objection will not be considered. You will receive a written statement of this outcome.
Can I be supported by a lawyer or other representative during appeal or objection proceedings?
Yes, you can be supported by a lawyer or other representative, but it is not compulsory. You also do not need to have any legal knowledge yourself to submit an appeal or objection. If you carefully explain the facts and circumstances, and make it clear why you disagree with the decision, the CBE or GAC can assess the situation.
The costs associated with any legal assistance are at your own expense.
Are there any costs associated with the appeals or objections procedure?
There are no costs associated with an appeals or objections procedure you initiate with the CBE or GAC. If you choose to have legal assistance, the associated costs will be at your own expense.
Who sits on the CBE and GAC?
In every hearing, both the CBE and the GAC comprise three members: a chair, a lecturer member and a student member.
Are the CBE and GAC independent?
Yes, both the CBE and the GAC are independent. This independence is ensured by having a chair who is not an AUAS employee.
When will a hearing be scheduled for my appeal or objection?
If your appeal is submitted in time and no amicable resolution is reached, a hearing will be scheduled for your case as soon as possible. Check the website for the scheduled hearing days. These hearing days are always subject to change.
Can I send additional documents after I have submitted my appeal?
Yes, you can do so up to five working days before the hearing.
Are CBE and GAC hearings open to the public?
Yes, in principle, CBE and GAC hearings are open to the public.
Where are CBE and GAC hearings held?
The hearings take place in an AUAS building. The exact building and room number depend on availability. The invitation you receive before the hearing will clearly indicate where the hearing is to take place.
Can I bring witnesses or experts to the hearing?
Yes, provided you notify the CBE or GAC and the other party in writing at least five working days before the hearing. You can easily do this by sending a reply to the email inviting you to attend the hearing. In your reply email, state the name(s) of the people you intend to bring.
Is a ruling by the CBE binding?
Yes, CBE rulings are binding.
Is the advice from the GAC binding on the Executive Board?
No, the Executive Board can ignore the advice, but must state its reasons for doing so.
How long will it be before I find out the result of my appeal or objection?
We aim to process your case as quickly as possible. The CBE will issue a ruling within ten weeks from the day after the date on which the timeframe for submitting an appeal elapsed.
The GAC will send advice on your objection to the Executive Board within ten weeks of the submission of the notice of objection. The GAC may extend this timeframe by four weeks. You will be notified if this happens. The Executive Board will make a decision on the objection within two weeks of receiving the advice from the GAC.
Does submitting an appeal or objection suspend the effect of the contested decision?
No, submitting an appeal or objection does not suspend the effect of the decision. This means that the decision has the normal legal effect until your appeal or objection is resolved.
Simplified processing and opposition
In some cases, the Chair of the Examination Appeals Board can dismiss a notice of appeal immediately. This is known as ‘simplified processing’.
Simplified processing will be applied to a notice of appeal if the chair believes that the appeal is manifestly inadmissible or manifestly unfounded.
What is a provisional remedy?
Because submitting an appeal or objection does not suspend the effect of the decision, it may be advisable to request a provisional remedy. This is a temporary solution until a decision is made on the appeal or objection. For example, a provisional remedy might state that you are allowed to attend classes until a decision is made on your appeal against a negative BSA. A provisional remedy will be granted only if there is an urgent interest in doing so.
If you have submitted an appeal, you can request a provisional remedy from the CBE. You can do this by ticking the box in the appeal form to indicate that you would like to apply for a provisional remedy.
If your case concerns the objections procedure (GAC), you can apply to the Council of State for a provisional remedy. For more information, see The Council of State website.
Who decides whether I will be granted a provisional remedy?
The CBE will first present your request for a provisional remedy to the examinations board. The examinations board can then approve or reject your request for a provisional remedy. If the examinations board rejects your request, the CBE will make a decision.
Can I appeal a ruling by the CBE or GAC?
Yes, you can. If you disagree with a ruling by the CBE or a decision made by the Executive Board on the advice of the GAC, you can appeal to the Council of State within six weeks. For more information, see The Council of State website.
Where can I find CBE rulings and advice issued by the GAC?
CBE rulings and GAC advice can be found on the website of the Legal Affairs Office (in Dutch, requires AUAS ID)
I have submitted a complaint, but since it was forwarded I haven’t heard anything else. What should I do?
The BBK Office has recorded that your complaint was received and forwarded it to the person or department who will handle your complaint. You should have been copied in the email from the BBK Office to the person or department handling your complaint. If you haven’t heard anything, start by contacting the person or department handling your complaint.
What is the timeframe for submitting a complaint?
A complaint must be submitted within one year of the incident that is the subject of the complaint.
You can submit a complaint concerning inappropriate behaviour up to a year after the termination of your enrolment.
Are there any costs associated with submitting a complaint?
There are no costs associated with submitting a complaint to the AUAS.
If you choose to have legal assistance, the associated costs will be at your own expense.