Notice of appeal of decisions on merit in university education (merit ankenævns the notice)
Pursuant to section 18 (a), paragraph 3, and section 34, paragraph 1, of the law on universities (University law), see. lovbekendtgørelse nr. 1368 by 7. December 2007, fixed:
§ 1. The Ordinance shall apply to appeals over Studio decisions about rejection or partial rejection of the merit, including prior merit, see. University Act section 18, paragraph 6, nr. 4, at the bachelor's and master's degree and master's degree programmes and other part-time education after University law, see. However, § 2, nr. 2, and § 3.
§ 2. Study Board may, in accordance with the rules set out in the notices about training (training notices) after a technical assessment, decide that the
1) already successful educational elements from another Danish education at the same level may replace parts of the University education, as the students have sought inclusion on, is recorded on or are enrolled at (merit for the Danish programme elements),
2) already successful educational elements from a foreign education at the same level may replace parts of the University education, as the students have sought inclusion on, is recorded on or are enrolled at (merit of foreign educational elements), and
3) planned successful educational elements from another Danish or foreign training on the same level may replace parts of the University education, as the students are admitted to and enrolled at (prior merit).
§ 3. Study the Board's decision concerning the refusal or partial rejection of the merit of the Danish educational items and advance merit, see. § 2, nr. 1 and 3, can be brought before an appeal board in accordance with this order of the merit, the decision relates (the complainant), when the complaint relates to the specialist assessment. However, this does not study the Board's decision about refusal or partial rejection of the merit of foreign educational elements, see. § 2, nr. 2, that may be brought before the Tribunal, within the meaning of the qualification. law on the evaluation of foreign educational qualifications etc.
§ 4. The complainant shall submit the appeal to the University. The appeal must be in writing and reasoned.
(2). The appeal must be submitted within 2 weeks after, that the complainant is made aware of the study Board's decision.
(3). The University may grant a derogation from the time limit referred to in paragraph 2, if there are exceptional circumstances.
§ 5. If the appeal contains points of law, the University shall take decision in the case, including whether the study Board shall make a new vocational assessment.
(2). The University provides the complainant with notice of the decision as soon as possible.
(3). The University's decision may be referred to the University and property agency, see. § 10.
§ 6. Rector reduces merit Appeal Board as soon as possible after the submission of an appeal. The Rector may set up permanent Appeals Board and lay down detailed internal rules to that effect.
(2). The Appeals Board shall be composed of one representative of the academic staff at the same or related training at the University and a representative of the academic staff at the same or related training at another University.
§ 7. Merit Board of appeals dealing with the case in writing, if the representatives agree. In the event of disagreement between the representatives in determining an appeal, the representative from the second University, which has the decisive vote.
(2). The Appeals Board may
1) give the complainant merit or merit for several programme elements, advance than the study Board has approved, or
2) dismiss the appeal.
(3). The Appeals Board may exceptionally submit the appeal for reconsideration in the study Board.
§ 8. Merit Supreme decision communicated to the University as soon as possible and no later than 1 month after the Rector has established the Appeals Board. In the calculation included July not.
(2). The University gives the complainant as soon as possible, notice of appeal the Board's decision.
(3). Appeal can not be processed within the time limit laid down in paragraph 1, to the University as soon as possible, inform the complainant accordingly with a statement of the reasons therefor and information about when the appeal is expected to be finalised.
§ 9. Merit Supreme decision may, in respect of the specialist assessment, not be brought before another administrative authority.
(2). Appeal against a decision of the Appeals Board may be challenged before the University, if the complaint concerns the legal issues.
(3). The complaint must be lodged with the University no later than 2 weeks after the Appeal Board's decision is communicated to the complainant.
(4). The University may grant a derogation from paragraph 3, if there are exceptional circumstances.
(5). The University's decision in accordance with paragraph 2 may be referred to the University and property agency, see. § 10.
§ 10. The University's decisions under this Ordinance may be brought before the University and property agency of it, the decision relates (the complainant), when the complaint relates to legal questions. The closing date for the submission of the complaint is 2 weeks from the day the decision is communicated to the complainant.
(2). The complaint shall be submitted to the University, which shall deliver its opinion. The complainant shall be given the opportunity to comment on the University's opinion within a time limit of at least 1 week. The University will send the complaint to the Agency attached to the opinion and the complainant's comments.
(3). Agency's decisions could not be challenged before the higher administrative authority.
§ 11. University and property agency may exempt from this Ordinance, when it is justified by exceptional circumstances, except in the cases where the University can dispensers, see. section 4, paragraph 3, and article 9, paragraph 4.
§ 12. The notice shall enter into force on the 1. April 2008, see. However, paragraph 2.
(2). The notice has effect for study Board's decisions on merit for the Danish programme elements and advance merit, see. § 2, nr. 1 and 3, taken the 1. April 2008 or later.
Ministry of science, technology and innovation, the 20. February 2008 Helge Sander/Gertie Lund