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CAPÍTULO I: MARCO TEÓRICO Y PRECISIONES CONCEPTUALES

2 Niveles de análisis

2.3 Teorías intermésticas

Article 163(conflicts before or during an examination)

Irregularities or conflicts between a student and a member of the teaching staff that occur before or during an examination and/or compromise the correct course of the evaluation are

communicated to the chairperson of the examination board as soon as possible by one of the two parties, possibly via the examination ombudsperson or the student dean. The chairperson mediates and takes, if necessary and possibly after consultation with the qualified examination board, temporary measures to ensure the correct course of the examination. The examination board takes the final decision. The qualified board will in any case hear the member of the teaching staff and the student. The student and the member of the teaching staff can also be heard by the examination board itself at their request (see also Article 144Article 144 and Article 153Article 153).

Article 164(material errors established before a deliberation)

If a material error is established before the deliberation, the examiner will inform the competent administrative service of the correct examination grade. If examination results were already communicated to the student, the administrative service will inform the student of the corrected examination result.

Article 165(material errors established after a deliberation)

If a material error is established after a deliberation, this is formally reported to the chairperson of the examination board.

An error that has no effect on the successful completion of a course unit or the program or on the grade of distinction obtained is corrected by the qualified examination board. If

examination results had already been communicated to the student, the administrative service informs the student of the corrected examination result. The chairperson and the secretary report on this at the next meeting of the examination board.

If the established error can have an effect on the successful completion of a course unit or the program or on the grade of distinction obtained, the chairperson of the examination board reconvenes the examination board as soon as possible. The established results may still be changed:

a) to the student's disadvantage within a term of 10 calendar days after the notification of the results; the period begins the day after:

- the written notification of the results in execution of Article 155Article 155 of these regulations;

- the written notification of the decisions taken in execution of this article;

- the written notification of the results for an entire program in execution of Article 156 Article 156 of these regulations.

b) to the student's advantage.

Article 166(internal appeal against an unfavorable examination decision)

An examination decision is defined as any decision of an examination board in which:

• an assessment is permanently established for an individual course unit;

• a dispute is settled;

• the global result and the award of a degree of distinction for the entire program is established.

A student who believes that an examination decision violates his rights, may lodge an internal appeal. He may approach the chairperson of the examination board informally. However, a

formal complaint must always be filed within the term indicated in the following paragraph in a petition to the university college's management. The petition should be well-founded and submitted in writing. In his complaint, the student includes at least a factual description of the objections called upon.

The appeal with the university college's management must be established within a time limit of five calendar days, which begins to run the day after:

• the written notification of the results in execution of Article 155Article 155 of these regulations;

• the written notification of decisions taken outside of the examination period (as stipulated in Article 165Article 165);

• the written notification of the results for an entire program in execution of Article 156Article 156 of these regulations.

A student who considers filing a complaint, but who wishes to postpone his decision on the matter until after a meeting with the examiner, must also lodge a (reserved) appeal within the time limit indicated in the third paragraph of this article. If he fails to provide a more

comprehensive explanation for his examination complaint within the next five calendar days, his appeal will be automatically classified as inadmissible.

The university college's management convenes the appeal commission. This commission comprises:

• a member of GROUP T's board of directors, also chairperson of the appeal commission;

• the chairperson of the examination board involved;

• two people, external to the department;

• a teacher of the department involved who was not part of the examination board. No members of the appeal commission may be party to the dispute.

The chairperson of the appeal commission hears all parties involved and in any case the student.

The internal appeal procedure leads to:

• the well-founded rejection of the appeal based on inadmissibility or lack of foundation. The student is notified of this decision by registered mail within a term of 15 calendar days starting on the day after the one the internal appeal was lodged;

• a new decision of the appeal commission. The new decision must be taken within a term of 15 calendar days starting on the day after the one this internal appeal was lodged. The student must also be notified of this decision by registered mail within this same term. Within the time allotted to it, the internal appeal body may inform the student that it will render judgment at a later date on well-reasoned grounds. In such circumstances, the term for an external appeal will only enter into effect the day after that date.

After exhaustion of this internal appeal procedure or after expiration of the term within which the appeal commission could come to a new decision, the student, in accordance with the Decree of March 19, 2004 concerning the arrangement of the student's legal position, may lodge a higher appeal with the Council for Disputes about Decisions on Study Progress. This

appeal must be sent by registered mail, at the latest on the fifth day after the day of learning about the decision of the internal appeal. A copy of this mail must be included in a registered letter sent simultaneously to the university college's management.

In case of disputes between students and GROUP T, only the Leuven courts have the jurisdiction to hear the disputes, in addition to the Council for Disputes about Decisions on Study Progress.