Objections
Against what?
Objections can be lodged against a decision taken by or on behalf of the Executive Board on the basis of the WHW.
For example, it is possible to object to decisions concerning:
- enrolment and unenrolment;
- tuition fees (e.g. payment, reimbursement, exemption);
- whether or not financial assistance is paid out on the basis of the TU Delft Profiling Fund Scheme [RPF];
- the assignment of a ranking number in the decentralised selection process (for Bachelor's degree programmes subject to a numerus clausus).
It must regard an individual decision that specifically targets you. Such a decision can also be recognised by the legal remedies clause, which states that an objection to the decision is possible.
-
A letter of objection can be lodged by email or post.
e-mail:
CBS@tudelft.nlpost:
Executive Board
FTAO: LS / Legal Affairs
Postbus 5
2600 AA Delft -
A letter of objection must be lodged within six weeks. This is a statutory period that starts the day after the decision has been announced (sent to you). Exceeding this time frame may result in the objection being declared inadmissible. This means that the objection will not be dealt with on the merits. A declaration of inadmissibility on the basis of the law can only be omitted in exceptional cases, when you cannot reasonably be considered to have been negligent. This means that you cannot be found to be at fault. This will be assessed on a case-by-case basis. Being on holiday is usually not a valid reason.
If you disagree with a decision and want to file an objection but the time frame for lodging an objection has almost expired, you can submit a pro forma letter of objection in advance. This is a provisional letter of objection in which you indicate the decision you want to object to (also send this decision with the pro forma letter) and that the grounds for objection will follow. After receiving the pro forma letter of objection, you will be given the opportunity by the secretary’s office to complete your objection within a specified time frame, so that the objection can then be dealt with further.
-
In addition to the objection time frame, there are a number of legal requirements that a letter of objection must meet.
Make sure that the letter of objection contains at least the following information:
- name, address and email address (preferably use your TU Delft email address);
- your signature on the letter of objection;
- the date;
- a description and copy of the decision against which the objection is lodged;
Preferably deliver the copy in PDF format. The copy of the decision must show the original date on which the decision was sent. In this way, it can be determined whether the letter of objection has been lodged on time. - The grounds for objection: the reasons why you believe the decision is incorrect and why you are objecting to the decision;
- Name of the faculty and programme at which you are studying.
In the event of immediate urgency (extremely urgent), the chair of the Committee may, upon request, determine that the Committee shall issue an opinion to the Executive Board as soon as possible. When lodging the objection, clearly state the reason for the urgency.
-
Upon receipt of a letter of objection, the secretary's office will first check whether it contains the necessary information. If this is not yet the case, you will be given a one-time opportunity to rectify the omission with regard to the letter of objection within a specified time frame. If the letter of objection is complete, you will receive a confirmation of receipt. The letter of objection will then first be sent to the department that took the contested decision, with the request to investigate whether an amicable settlement of the dispute is possible. In principle, a period of three weeks is given for this. The department will contact you about this. The attempt at an amicable solution is an integral part of the objection procedure.
If it is not possible to reach an amicable settlement of the dispute and you want to proceed with your objection, it will be dealt with at a hearing with the Student Affairs Objections Committee. This Committee is tasked with advising the Executive Board on letters of objection from students.
-
The following will be present at the hearing:
- three committee members: a chair and two regular members;
- the secretary of the committee;
- one or more representative(s) of the respondent;
- the objector (you as the student / submitter of an objection: possibly assisted by an authorised representative or third party).
If you wish to be represented by a third party, you must notify the secretary's office in advance and submit an authorisation. This can be done via CBS@tudelft.nl.
During the hearing, the parties will be given the opportunity to provide an oral explanation of their position. The Committee will also use the hearing to ask any questions relating to the dispute. The Committee's hearings take place approximately every four to six weeks. During the procedure, you will be informed in good time about the date on which your objection will be processed.
After the hearing, the Committee will consider their advice. This advice will be submitted in writing to the Executive Board. The Executive Board will then take a decision on the objection. The decision may have the following outcomes:
- well-founded;
- unfounded;
- inadmissible: if the letter of objection is lodged too late or does not contain the information described above (such as: name, grounds for objection, etc.).
Should the Executive Board decide to deviate from the Committee's advice, it must provide justification for doing so. The decision on the objection usually follows a few weeks after the end of the hearing.
-
Do you disagree with the Executive Board’s decision about your objection? A decision on an objection may be appealed to the Administrative Jurisdiction Division of the Council of State [ABRvS] within six weeks. This national court is located in The Hague. More information about the procedure can be found on the ABRvS website.