6.11 Complaints, Appeals, and Objections

Central Disputes and Complaints Desk (CDCD)

In accordance with Article 7.59a of the Higher Education and Research Act, students can submit complaints, objections, and appeals and obtain information and advice on these matters online in one place: the online central complaints desk (CDCD). Parties who do not have a Tilburg University administration number may submit their complaints, objections, or appeals in writing. A detailed annual report of the CDCD is available for consultation on the CDCD website(new window).

Students who are dissatisfied with the state of affairs at the University may file complaints with the CDCD. Complaints should be resolved within a maximum of six weeks, but the period is typically much shorter (see Table 6.11.4). The purpose of the complaints procedure is to ensure that students are heard and that they receive an adequate response to their complaints by the Head of Department or Program Director. Complaints are also used as a tool for quality improvement.

In all, 118 complaints were submitted in 2021, representing an increase of 10 relative to 2020. This brought the number of complaints to the same level as in 2017 and 2018. One remarkable observation in 2021 involved a number (nine) of official complaints about teaching and examinations on campus due to COVID-19 infections. This received a considerable amount of publicity, and concerns were expressed through many different channels, up to and including petitions. Some students appealed to the complaints office, where they received a detailed explanation of the COVID-19 policy. Of the 92 complaints about examinations, 56 specifically concerned examinations in relation to the COVID-19 restrictions. Of the four complaints about teaching, three were related to the COVID-19 restrictions. Most of the complaints about examinations were related to proctoring (or online proctored).

NOTE 1: The campus services departments have a dedicated address for complaints. None of the complaints received at that address were included in this report.

NOTE 2: Of the complaints submitted in 2021, six were still being processed as of January 1, 2022.

Examination Appeals Board (EAB)

In accordance with the Higher Education and Research Act, students can lodge appeals with the Examinations Appeals Board (e.g., against decisions of the Examining Boards, decisions regarding the BSA, and decisions concerning admission to Master’s programs). The EAB is composed of student and lecturer members, along with three independent chairs who serve in the role of chair on a rotating basis during sessions. The EAB is assisted in its work by the Legal Affairs department. Two new chairs were appointed in 2021. These individuals also serve as chairs of the Unacceptable Behavior Complaints Committee, the Objections and Appeals Advisory Committee (OACC), and the Employee Disputes Committee.

In all, 306 appeals were lodged by students in 2021 (2020: 170; 2019: 177). The manner in which these appeals were settled is presented in the table below.

The rulings of the Examinations Appeals Board are available for consultation on the website. The cases in which the EAB issued a ruling in 2021 related to the topics listed in the table below.

The number of appeals and rulings increased substantially in 2021. This was due to the increase in online examinations and policy changes resulting from the COVID-19 policy. For the processing of the various appeals, the School Examining Boards and the EAB committed additional effort to providing legal support. The further discussions of the various Examining Boards resulted in a proportionately large number of withdrawals and amicable settlements. In 2021, the Examining Boards and the EAB secretary’s office frequently coordinated with each other to prevent and resolve complaints about online examinations and to determine how to respond to student requests to reduce study delays related to COVID-19.

Experience has shown that the appeals received in 2021 were more complex in nature than before, that they were more likely to involve legal process representation, and that the processing of the appeals had become more time-intensive. This required the Examining Boards and the EAB to pay additional attention to the management of the various educational arrangements and to rethink the support processes.

Appeals Tribunal for Higher Education

Any student who disagrees with a decision of the EAB or of the EB after receiving advice from the OACC may file an appeal against such decisions with the Appeals Tribunal for Higher Education. The rulings of the Appeals Tribunal for Higher Education are available for consultation on the Tribunal’s website.

In 2021, no students from Tilburg University submitted appeals to the Appeals Tribunal for Higher Education.

Objections and Appeals Advisory Committee (OACC)

A student who disagrees with a decision made by or on behalf of the EB may lodge an objection to such decision. For example, the objection could involve enrollment, retroactive enrollment, withdrawal, restitution, or the amount of tuition fees. Tilburg University has an Objections and Appeals Advisory Committee (OACC) that issues recommendations to the EB concerning these objections. The OACC is composed of student and lecturer members, along with three independent chairs who serve in the role of chair on a rotating basis during sessions. Two new chairs were appointed in 2021. These individuals also serve as chairs of the Unacceptable Behavior Complaints Committee, the EAB, and the Employee Disputes Committee. The OACC is assisted in its work by the Legal Affairs department.

In all, 15 objections were submitted in 2021 (2020: 17; 2019: 10). The reasons for the withdrawal of an objection by current or prospective students are usually related to the further information provided or the content of the defense.

The appeal on which the OACC issued a recommendation in 2021—and on which the EB subsequently issued a decision—concerned admission to a Bachelor’s program.

Unacceptable Behavior Complaints Committee

Employees or students who are confronted with unacceptable behavior (e.g., bullying, sexual harassment, aggression, violence, and/or discrimination) may approach a confidential advisor and submit complaints to the Unacceptable Behavior Complaints Committee. The Unacceptable Behavior Complaints Committee advises the EB on the merits and handling of complaints. The members of the Unacceptable Behavior Complaints Committee are appointed by the EB. The Unacceptable Behavior Complaints Committee has three independent chairs who serve in the role of chair on a rotating basis in the handling of complaints. Two new chairs were appointed in 2021. These individuals also serve as chairs of the EAB, the OACC, and the Employee Disputes Committee. The Unacceptable Behavior Complaints Committee is assisted in its work by an administrative secretary.

In 2021, no complaints were submitted to the Unacceptable Behavior Complaints Committee by students or employees.

Tilburg University Employee Disputes Committee

An employee or a former employee who has a difference of opinion or a different viewpoint regarding a decision or similar conclusion of Tilburg University as an employer and who is directly affected by this as a consequence may, in some cases, submit a dispute to the Employee Disputes Committee. The Employee Disputes Committee has a mediating assignment and advises at the request of the EB.

The members of the Employee Disputes Committee are appointed by the EB. The Employee Disputes Committee has three independent chairs who serve in the role of chair on a rotating basis in the handling of complaints. Two new chairs were appointed in 2021. These individuals also serve as chairs of the EAB, the OACC, and the Unacceptable Behavior Complaints Committee. The Employee Disputes Committee is assisted in its work by the Legal Affairs department.

In 2021, one complaint was submitted to the Employee Disputes Committee by an employee. This complaint was settled amicably after a discussion between those directly involved.

Academic Integrity Committee (AIC)

Anyone who suspects that academic integrity has been violated may discuss a complaint in confidence with the Confidential Advisor for Academic Integrity or submit it to the EB or the AIC.

The Confidential Advisor for Academic Integrity is Prof. W.J.M. van Genugten. He succeeded Prof. Emeritus A.J. De Zeeuw in 2021.

The AIC ensures a careful procedure for the assessment of complaints and advises the EB. The members of the AIC come from all Schools of Tilburg University. Complaints and requests are processed by the chair and two members. The composition of the AIC is determined on a case-by-case basis. In 2021, Prof. A.M. Hol was succeeded as chair by Prof. A.J.C. de Moor-van Vugt.

In 2020, three interrelated complaints were filed with the AIC, whose processing continued into 2022 after receiving an opinion from the National Board for Research Integrity in 2021. In 2021, the AIC received two complaints. In one of these two complaints, the AIC advised that the complaint be declared unfounded. The EB adopted this advice. In the other complaint, the AIC provided advice to the EB, the EB made an initial judgment, and then one of the defendants requested that the National Board for Research Integrity provide further advice in 2022.