I have a problem. What can I do?
In most cases, it is best to resolve a problem with your educational institution informally. Talking to the teacher or person concerned and explaining the problem in a reasonable manner can often solve many problems. If that does not lead to the desired result, it is good to know your options. As a student, you have a number of legal remedies against decisions made by the educational institution. Below you will find information on the main legal remedies available under the Higher Education and Scientific Research Act (WHW). Do you have any questions about this?
PLEASE NOTE: Always consult the Student Charter before initiating legal proceedings or filing a complaint.
- Petition
You can submit a petition to a specific body within the educational institution to request that your problem be resolved. The body to which your petition is submitted will then assess whether your request is justified and, if so, comply with it. Petitions can usually only be submitted to the Examination Board. The Student Charter should indicate where you should submit your petition.
- Objection
Do you disagree with a decision on your request? Then you can submit an objection up to six weeks after the decision. With this objection, you force the body that made the decision to reconsider it. Objections are usually submitted to the institution’s board, but this may vary from institution to institution. In addition, an administrative appeal may be more appropriate for your procedure. Therefore, read the Student Charter before submitting an objection.
- Appeal
If you have submitted an objection and this has not been successful, you can lodge an appeal. The appeal will examine whether the decision meets the formal requirements and whether the body could reasonably have reached this decision. As with an objection, you must submit your appeal within six weeks of the decision on your objection. Before submitting an appeal, read the Student Charter to find out which body your appeal should be submitted to.
- Complaint
You can always submit a complaint. However, this does not have any legal consequences. Your complaint could, however, contribute to improving the Education and Examination Regulations in the future, for example. Therefore, submitting a complaint is certainly worthwhile. The complaints procedure may vary from institution to institution, so it is advisable to consult the Student Charter. A complaint is often declared inadmissible if an objection or appeal is or was pending against a decision.
Civil proceedings
In addition to the legal remedies included in the WHW, a student can also initiate civil proceedings against an educational institution. In civil proceedings, you initiate a lawsuit between two parties (i.e. you and the institution). The costs of civil proceedings are high, and the burden of proof and the risk of evidence are greater. As a student, you therefore run a greater risk if you initiate civil proceedings. Of course, there are situations in which civil proceedings are a feasible option. Our Student Line can always advise you on initiating civil proceedings.