7.5 Education, conduct, and integrity complaints and disputes
Tilburg University has several officers and committees to which students and employees can turn with a complaint, objection, or appeal. More information can be found on the website Conduct and integrity | Tilburg University.
Education complaints, objections, and appeals
Complaints regarding education can be submitted to the Central Disputes and Complaints Desk (CLGK). Objections and appeals related to education can be submitted—depending on the subject—to the Objections and Appeals Advisory Committee (CABB) or the Examination Appeals Board (CBE). The CABB issues a recommendation to the CBE, which makes a decision after receiving the recommendation. The CBE issues a ruling. Following a decision by the Executive Board or a ruling by the Examination Appeals Board, a student may appeal to the Higher Education Appeals Tribunal. The Administrative Jurisdiction Division of the Council of State took over the role of the Higher Education Appeals Tribunal as of January 1, 2023.
Employee disputes
For the purpose of resolving disputes between employees and the university, there is an Employee Disputes Committee.
Signals and complaints behavior and integrity
Students, employees, and third parties can discuss signals and possible complaints about the behavior and integrity of students and employees with the confidential advisors for undesirable behavior, the confidential advisor for PhD researchers, and the confidential advisor on scientific integrity. The Executive Board decides on the merits of complaints about undesirable behavior or scientific integrity after prior advice by the Complaints Committee for Aberrant Behavior and the Research Integrity Committee (CWI), respectively.
Employee ombuds officer
In 2022, the necessary steps were taken to extend the position of the employee ombuds officer, effective February 1, 2023. This position will be filled by Ms. Myriam Nijssen. The ombuds officer advises the Executive Board on undesirable patterns in the area of social safety. Besides giving solicited and unsolicited advice, the ombuds officer can also provide mediation in conflict situations and handle complaints.
Social safety policy
In 2022, the Executive Board commissioned a comprehensive analysis of the current integrity system within Tilburg University. Important sub-questions for this system analysis focused on the cooperation between the various components of the system, the identification of gaps or overlaps between the various components, and the scope for further development. The results of this advice were used in the formulation of the strategic social safety policy and were shared with the University Council.
Central Disputes and Complaints Desk for student
The Central Disputes and Complaints Desk (CLGK) is the facility where students and stakeholders can seek advice on procedures and where they can submit complaints, appeals and objections, and can be found through Central Disputes and Complaints Desk | Tilburg University. The Desk functions as a front office; complaint handling is mainly done by the Directors of Divisions and Heads of Education Support Teams; handling of appeals and objections is done by the CBE and the CABB. The Complaints Desk is managed by the deans of students (Academic Services) and the appeals and objections desk by Legal Affairs (Executive Services).
The Complaint Desk can be reached at Central Complaints Desk | Tilburg University. Students will receive an acknowledgement stating who will investigate the complaint and that they will receive a response to their complaint within six weeks. The person handling the complaint may explain the complaint and students may be heard. Sometimes students are invited to a personal interview as a result of their complaint. Students may also be referred to another agency depending on the content of the complaint. The purpose of the complaint procedure is that students are heard and receive an adequate response to their complaint. In addition, complaints are used as a tool for quality improvement.
There were 101 complaints in 2022, a decrease of 17 from 2021. The decrease in complaints, particularly the number of complaints about examinations, is directly related to the government's phasing out of the coronavirus restrictions and the accompanying return to on-campus examinations. There are no notable shifts in the topics of complaints in the past year compared to previous years. In the COVID-19 period, there were obviously many complaints about policies related to this (examinations, policies related to activities on campus versus online, and face mask policies). The aftermath of this was still visible in 2022. Over the course of the year, such complaints were no longer an issue.
Table 7.5.1 Number of complaints Central Disputes and Complaints Desk | ||
2021 | 2022 | |
Complaints about / handled by | 41 | 37 |
TSHD | 9 | 6 |
TST | 0 | 0 |
TLS | 7 | 23 |
TSB | 22 | 7 |
FS | 4 | 1 |
LIS | 2 | 1 |
AS | 33 | 24 |
F&C | 0 | 2 |
Total | 118 | 101 |
Complaints by category are listed below.
Table 7.5.2.1 Substantive characterization of complaints main category education (absolute numbers) | |||||
Complaint subcategory | TiSEM | TSHD | TLS | TSB | Total |
Education | 4 | 4 | |||
COVID-19 education | 1 | 1 | |||
Didactic skill lecturer | 1 | 1 | |||
Supervision lecturer | 1 | 1 | |||
Educational organization | 3 | 3 | |||
Table 7.5.2.2 Substantive characterization of complaints main category examinations (absolute numbers) | ||||||
Subcategory complaint | TiSEM | TSHD | TLS | TSB | Examination organization | Total |
Announcement of results | 8 | 1 | 1 | 10 | ||
Planning and organization | 2 | 1 | 11 | 14 | ||
Assessment (content) | 11 | 1 | 11 | 1 | 24 | |
Level (representativeness) | 7 | 2 | 9 | |||
COVID-19 examination | 1 | 1 | ||||
Table 7.5.2.3 Substantive characterization of complaints main category thesis (absolute numbers) | |||||
Subcategory complaint | TiSEM | TSHD | TLS | TSB | Total |
Supervision | 1 | 1 | 1 | 3 | |
Assessment | 1 | 1 | |||
Admission | 1 | 1 | |||
Table 7.5.2.4 Substantive characterization of complaints other (absolute numbers) | ||||||||||||
Main category of complaint | Subcategory complaint | TiSEM | TSHD | TLS | TSB | F&C | FS | SA | LIS | AS education | Student Desk | Total |
Miscellaneous | Miscellaneous | 2 | 2 | 3 | 7 | |||||||
Miscellaneous | Enrollment and tuition fees | 2 | 1 | 2 | 6 | 1 | 12 | |||||
Examination Board | Decisions and procedures | 1 | 1 | 1 | 4 | |||||||
Employees Tilburg University | Conduct, service | 1 | 1 | 1 | 1 | 4 | ||||||
Facilities Tilburg University | Capacity, quality and functioning of general facilities | 1 | 1 | 2 | ||||||||
19 complaints were considered (19%) (more or less) justified, 47 complaints (47%) were unfounded, withdrawn or not filed in the right place. The latter usually involved an appeal against a decision of the Examination Board. The remaining 35 complaints (35%) were about misunderstandings or dissatisfaction with a situation or policy choice, about which an explanation was given by the person handling the complaint.
Table 7.5.3 Outcome of processing (absolute numbers). | ||||||||||||
Complaint processing 2022 | TiSEM | TSHD | TLS | TSB | F&C | FS | SA | LIS | AS education | Examination organization | Student Desk | Total |
Complaint founded: problem not (yet) solved, being worked on | 1 | 2 | 3 | 2 | 1 | 9 | ||||||
Complaint founded: problem solved, student's wishes met | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 9 | |||
Complaint partly founded, partly unfounded, measures taken proportionally | 1 | 1 | ||||||||||
Complaint withdrawn | 2 | 3 | 1 | 6 | ||||||||
Complaint unfounded, no further action | 24 | 3 | 1 | 2 | 2 | 32 | ||||||
Complainant referred to other body (including objection/appeal) | 1 | 2 | 3 | 1 | 1 | 1 | 9 | |||||
Text and explanation given | 7 | 16 | 1 | 1 | 1 | 1 | 1 | 7 | 35 | |||
About half of the complaints are settled within three weeks, after hearing the parties involved. The persistence of processing complaints beyond six weeks is caused by the Examination Boards being busy in connection with COVID-19 and online examinations. As a result, complaints that were actually appeals were processed later.
Table 7.5.4 Duration of complaint processing | ||
Processing | 2021 | 2022 |
within 6 weeks | 101 | 62 |
after 6 weeks | 17 | 39 |
Total | 118 | 101 |
Processed within 6 weeks | 0.86 | 0.62 |
Examination Appeals Board
Pursuant to the Higher Education and Research Act (HERA), students may lodge an appeal with the CBE against, for example, decisions of the Examination boards, decisions concerning the binding study advice (BSA) and admission to a Master’s program. The CBE consists of student and lecturer members and three independent chairs who alternately assume the role of chairperson of the CBE during sessions. One new chair was appointed in 2022. The chairs also serve as chairpersons of the Complaints Committee for Aberrant Behavior, the CABB, and the Employee Disputes Committee. The CBE is supported by the Legal Affairs unit. The rulings of the CBE can be viewed on its website.
The number of appeals filed with the CBE decreased sharply after the peak year of 2021 (caused by COVID-19) from 306 to 172 appeals filed. However, the number of appeals in which the CBE finally ruled increased to 36 rulings in 2022 (2021: 34, 2020: 28). In 3 of the 36 rulings, the CBE ruled that the student's appeal was well-founded. This means that 8% of the appeals on which the CBE ruled were upheld (2021: 29%, 2020: 21%). The increase in the number of cases requiring a ruling will be evaluated in 2023. Experience is that the trend of more complex appeals and (legal) representation is increasing. The handling of appeals themselves has also become more time-intensive due to the spillover effect of the administrative court’s attention to the principle of proportionality and the associated need to weigh the individual circumstances of the case more emphatically.
Table 7.5.5 Appeals filed to Examination Appeals Board (CBE) | |||||
Total | Forwarded | Amicable settlement | Repealed | In progress | Decision |
306 | 6 | Total - 34 | |||
Founded - 10 | |||||
Unfounded - 23 | |||||
Inadmissible - 1 | |||||
2022 | |||||
Total | Forwarded | Amicable settlement | Repealed | In progress | Decision |
172 | 20 | 16 | Total – 36 | ||
Founded - 3 | |||||
Unfounded – 32 | |||||
Inadmissible – 1 | |||||
Table 7.5.6 Examination Appeals Board decisions by subject matter | ||
Subject of Examination Appeals Board decision | 2021 | 2022 |
Additional conditions for graduation | 0 | 0 |
Bachelor's program | 0 | 1 |
Assessment examination | 4 | 5 |
Assessment of thesis | 0 | 1 |
Binding study advice | 2 | 9 |
Additional examination opportunity | 7 | 6 |
Fraud/examination irregularities | 18 | 9 |
Admission to program | 1 | 1 |
Exemption | 2 | 4 |
Total | 34 | 36 |
Objections and Appeals Advisory Committee on.
If a student disagrees with a decision made by or on behalf of the Executive Board, he or she may object. This may concern, for example, enrollment, retroactive enrollment, unenrollment, refunds, or the amount of tuition fees. Tilburg University has a CABB that advises the Executive Board on these objections. The CABB consists of student and lecturer members and three independent chairpersons who take on the role of chairperson on a rotating basis during sessions. These chairpersons also serve as chairpersons of the Complaints Committee for Aberrant Behavior, the CBE, and the Employee Disputes Committee. The CABB is supported by the Legal Affairs unit.
A total of 13 objections were filed in 2022 (2021: 15, 2020: 17). The table below shows how the objections were handled. The reason for the withdrawal of an objection by (prospective) students is usually related to the further provision of information or the content of the defense.
Table 7.5.7 Overview of objections and Objections and Appeals Advisory Committee (CABB) | ||||||
Total | Forwarded | Amicable settlement | Repealed | In progress | Advice CABB | Decision EB |
15 | 2 | 3 | 9 | 0 | Total – 1 | Total - 1 |
Founded - 1 | Founded - 2 | |||||
2022 | ||||||
Total | Forwarded | Amicable settlement | Repealed | In progress | Advice CABB | Decision EB |
13 | 1 | 0 | 8 | 2 | Total – 2 | Total – 3 |
Founded - 1 | Founded - 1 | |||||
The objection on which the CABB issued an opinion in 2021—and on which the Executive Board subsequently issued a decision—related to admission to a Bachelor’s program. The objections on which the CABB issued opinions in 2022—and on which the Executive Board subsequently issued a decision—related to admission to a Bachelor’s program and tuition fees that were due.
Higher Education Appeals Tribunal
A student who disagrees with a decision of the CBE or the Executive Board after advice from the CABB could appeal it to the CBHO until December 2022. The rulings of the CBHO can be viewed on the website of the CBHO (in Dutch). From January 2023, the appeals will be heard by the Administrative Jurisdiction Division of the Council of State.
In 2022, one Tilburg University student filed two appeals with the CBHO. One of these appeals was upheld by the CBHO on December 28, 2022. The second appeal is now pending before the Administrative Jurisdiction Division of the Council of State. In 2021, no Tilburg University students filed an appeal with the CBHO.
Complaints Committee for Aberrant Behavior
Employees or students who are confronted with undesirable behavior, such as bullying, sexual harassment, aggression, violence and/or discrimination can contact a confidential advisor and can submit a complaint to the Complaints Committee for Aberrant Behavior. This Complaints Committee advises the Executive Board on the merits and treatment of a complaint. The members of the Complaints Committee for Aberrant Behavior are appointed by the Executive Board. The Committee has three independent chairs who take on the role of chairperson on a rotating basis when handling complaints.
One sexual harassment complaint was filed with the Complaints Committee for Aberrant Behavior in 2022 by an employee (2021: 0; 2020: 2). This employee withdrew this complaint on their own initiative.
Employee Disputes Committee Tilburg University
An employee or former employee who has a difference of opinion/insight about a decision or related comparable conclusion by Tilburg University as an employer and whose interests are directly affected as a result, may in a number of cases submit a dispute about this to the Employee Disputes Committee. The Employee Disputes Committee has a mediating assignment and advises the Executive Board upon request.
The members of the Employee Disputes Committee are appointed by the Executive Board. The Committee has three independent chairs who assume the role of chairperson on a rotating basis when dealing with disputes.
No complaint was filed with the Employee Disputes Committee in 2022 (2021: 1).
Research Integrity Committee
The person who suspects that scientific integrity has been violated may discuss a complaint confidentially with the confidential advisor for scientific integrity or submit it to the Executive Board or the Research Integrity Committee (CWI). The CWI ensures a careful procedure for evaluating a complaint and advises the Executive Board. The members of the CWI come from all Tilburg University Schools. A complaint or request is handled by the chair and two members. The composition of the CWI is determined on a case-by-case basis. The external chair of the CWI is Ms. Prof. A.J.C. de Moor-van Vugt. The confidential advisor for scientific integrity is Prof. W.J.M. van Genugten.
In 2022, the Executive Board ruled definitively on three related complaints filed in 2020. Furthermore, in 2022, the Executive Board ruled definitively on one complaint filed in 2021 after receiving an opinion from The Netherlands Board on Research Integrity (LOWI) in 2022.
In 2022, the CWI received four complaints. In one of these complaints, the CWI advised the Executive Board, the Executive Board took an initial decision and then one of the defendants requested the LOWI to give further advice in 2022. This LOWI opinion is expected to be issued in 2023 after which the Executive Board can make a final decision. In the second complaint, the CWI advised the Executive Board in 2022 and the complaint is still pending before the Executive Board. The third and fourth complaints were still pending before the CWI in 2022.
