1. Decisions against which appeals are possible
The Higher Education Appeals Tribunal gives decisions exclusively, to the extent that no such appeal is current by the Examination Appeals Board, regarding an appeal made by an interested party regarding decisions concerning:
- reduction or exemption from tuition fees or examination fees;
- financial support from the graduation fund;
- registration and deregistration;
- exemption in view of other diplomas;
- decentralised selection on numerus clausus courses;
- voluntary contribution;
- infringement of the house and order regulations.
2. First objection before appeal
Prior to lodging an appeal with the Higher Education Appeals Tribunal the person concerned is to submit a motivated notice of objection within not more than six weeks of the announcement of the decision.
3. Decision on objection
Should a notice of objection be lodged, a decision has then to be reached on the matter. This is usually known as a "decision on the objection". The "decision on the objection" is always given in writing. Should a person concerned not be in agreement with the "decision of the objection" he or she may appeal in writing within not more than six weeks to the Higher Education Appeals Tribunal.
Further information on the Higher Education Appeals Tribunal may be found at: www.cbho.nl(opens in new window)
4. Requirements to be met on a notice of objection or appeal
The notices of objection and appeal should not only be submitted in good time and to the correct "arbitrator" but should also meet a number of other requirements, such as:
- the name and address of the person submitting such;
- where possible: the student number and/or the course against which the objection or appeal is made;
- the date;
- a description of the decision against which objection or appeal is made and preferably a copy of such decision;
- the basis of the objection or appeal.
Should an interested party have themselves represented by an authorised representative, not being a lawyer, a power of attorney signed by the person concerned is to be added to the notice of objection or appeal.
Should any notice of objection or appeal not meet the above stipulations there is a possibility that the notice of objection or appeal be disallowed.
5. Court Registry Fee
In order to appeal the person concerned is required to pay a court registry fee to the Higher Education Appeals Tribunal. The court registration fee is normally repaid should the decision be in favour of the interested party. No court registry fee is required at the objection stage.
6. Interested parties
In order to lodge an appeal with the Higher Education Appeals Tribunal it is required that this should be done by the person concerned. That means that not only students but also future students and persons following a future course may lodge an appeal with the Appeals Tribunal to which reference is made, provided that a person is an interested party regarding the decision challenged and that the assessment of such decision comes under the jurisdiction of the Higher Education Appeals Tribunal.
7. Both sides of the argument
Should any appeal be dealt with by the Higher Education Appeals Tribunal both parties are to be given the opportunity to state their point of view. In the first instance this is to be in writing. Even if it is decided to deal with the matter orally both parties are to be afforded the opportunity to have their say.
8. Expedited proceedings and provisional arrangements
A procedure with the Higher Education Appeals Tribunal may normally last several months. The interested parties cannot always wait that long and sometimes it is important that decisions be reached without delay. Provisions for such have been made in the regulations. Those persons concerned with an urgent interest may request a provisional arrangement or request expedited proceedings, should the requested procedure be granted, and be granted in such case a more rapid decision on the matter concerning which appeal has been made.
9. Legal assistance: lawyer or authorised representative
The interested parties are not obliged to involve a lawyer for a procedure with the Higher Education Appeals Tribunal. It is permitted to conduct the case oneself or to have oneself represented by an agent authorised in writing, not being a lawyer. The costs of the legal assistance are usually for the account of the person concerned, unless the Higher Education Appeals Tribunal should determine, officially or at the request of the person concerned, that such costs are to be paid by the college.
10. Binding decision
The decisions of the Higher Education Appeals Tribunal are binding on both parties and it not possible to appeal against these decisions. Should there be found in favour of an interested party by the Higher Education Appeals Tribunal, the college may then be ordered to reimburse the costs of the trial in whole or in part.
11. Where to look in the Student Charter
The regulations regarding the Higher Education Appeals Tribunal and the matters to be dealt with by that tribunal may be found articles of the Student Charter. Information regarding the Higher Education Appeals Tribunal can also be found in the Higher Education and Research Act of The Netherlands.